Huru Huru - Terms of Use

Huru – Terms of Use

These are the Huru Terms of Use:

Important

i) When you use our service, we act as your agent and enter you into contracts with utilities and household service providers on your behalf and it is those companies which are responsible for providing the utilities or household services to you.

ii) In particular your attention is drawn to Clause 3 (We act as your agent), Clause 4.4 (Your Housemates), Clause 7.1 (How do we make our money?), Clause 7.8 (What happens if your payment is late?) and Clause 12 (Loss or Damage suffered by you).

iii) If you do not understand any of the following terms and conditions, please speak to your solicitor or local Citizens Advice Bureau before you accept our terms.

iv) Once you have read and are satisfied you understand the terms and wish to proceed, please signify your acceptance of these terms by clicking the acceptance box. These terms will then form the contract between us.

v) Please note that by accepting these terms you authorise us to begin providing you with our services immediately notwithstanding that in the event the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, the period in which you have to change your mind has not yet expired

vi) Please note that terminating some utilities and household services during the contractual term could incur an early termination fee and you should check with your current supplier before terminating the contract and signing up to our services.

 

Our terms

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our utilities and household management and administration services to you.

1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide our services to you, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 Who we are. We are Ropemakerone Ltd trading as “Huru” a company registered in England and Wales. Our company registration number is 10055806 and our registered office is at Citypoint, Level 28 One Ropemaker Street, London, EC2Y 9AW, United Kingdom. Our VAT number is 240817030.

2.2 How to contact us. You can contact us by telephoning our customer service team at 02088199176 or by writing to us at support@gethuru.com.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the details stored on your Huru account profile.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1  How we will accept your Huru account application. Our acceptance of your Huru account application will take place when we email you with our confirmation email, at which point a contract will come into existence between you and us on these terms.

3.2 If we cannot accept your Huru account application. Will we inform you if we are unable to accept your Huru account application. There can be any number of reasons why we are unable to accept you application, for example, this might be because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the services or because we, our partners or third party suppliers are unable to meet a deadline you have specified.

3.3 We only provide services in the UK. Our website is solely for the provision and promotion of our services in the UK. Unfortunately, we do not accept Huru account applications in respect of addresses outside the UK.

4. Our services

4.1 What we do. We offer a service which simplifies the way in which you pay your utility and household services bills including for example electricity, gas, water, TV and telephone. We collate all of your bills for the utility and household services which you have added to your account into one monthly bill and we will charge you and your housemates each an equal portion of the overall bill (provided they are also registered with us) individually on a monthly basis allowing your household bills to be managed and split easily. Additionally, we manage the services you receive from the utility and household services companies and have discretion to switch the supplier of those services.

4.2 What we don’t do. We are not the supplier of the utility or household services, but we do work closely with the third party suppliers on your behalf. It is those third party suppliers that will provide you with the utilities and household services and who are responsible for doing so. We are not responsible for providing you with the utility and household services you request.

4.3 We act as your agent.

4.3.1 By registering for a Huru account with us you request and authorise us to act as your agent. By accepting your account application, we are agreeing to act as your agent. By acting as your agent we have the power and your authority to create legal relationships with the third party utility and household services companies on your behalf.

4.3.2 As your agent, you have delegated the following powers to us:selecting

4.3.2.1 selecting utility and household services suppliers for the utility and household services you request to be added to your Huru account;

4.3.2.2 contracting with the selected utility and household services companies in your name;

4.3.2.3 authority to receive your bills and correspondence from the selected utility and household services companies;

4.3.2.4 accessing information about you and your account held by the selected utility and household services companies;

4.3.2.5 switching the suppliers of the utility and household services on your account at our sole discretion – you authorise us to do this even where there is no benefit to you in us doing so;

4.3.2.6 where the contractual relationship between you and Huru comes to an end or you are leaving your household in which the services are provided, we will inform the suppliers of the utility and household services on your account;

4.3.2.7 any other powers that we may reasonably require in order to provide you with our services.

4.3.3 We do not require further permission or authority to continue to carry out the powers you have delegated to us.

4.3.4 Where we switch any of your utility and household services, we will inform you (usually by email) that we have switched your suppliers. We will also provide you with the supplier’s terms and conditions where we have been provided with a copy and the reasons for switching your supply.

4.4 Your housemates.

4.4.1 PLEASE NOTE: This clause is binding on you, but is for our benefit and for the benefit of the utility and household services companies. It allows the utility and household services companies which aren’t a party to these terms, to enforce this clause against you in addition to or instead of us. Where you and some or all of your housemates have registered to use our services, each registered housemate and you agree to us and the relevant third party suppliers to be jointly and severally liable for:the obligations contained in this contract and the contracts which your housemates agree to with us (our contract(s) with your housemates will be substantially similar to this contract); and

4.4.1.1 the obligations contained in this contract and the contracts which your housemates agree to with us (our contract(s) with your housemates will be substantially similar to this contract); andeach of the contracts with the utility and household service providers.

4.4.1.2 each of the contracts with the utility and household service providers.

4.4.2 What does “joint and several” liability mean?

4.4.2.1 Joint and several liability allows us to enforce the obligations contained in this contract and the contracts we have with your housemates, in full, against you or some or all of your housemates or any combination of you all. For example, if your housemate does not pay their portion of the gas bill, we and the relevant utility company can pursue you for that amount.

4.4.2.2 Joint and several liability also allows the utility and household services companies to enforce obligations and liabilities contained in the contracts you and your housemates have with them, in full, against you or some or all of your housemates or any combination of you all.

4.4.3 If you are the only person with an account with us. If you are the only person with an account with us in your household, you will have full responsibility for the utility and household services on your account.

4.5 Who will be named on your utilities and household services accounts?

4.5.1 The first person to open a Huru account with us in the household will be named on the relevant utilities and household services accounts with the relevant third party suppliers.

4.5.2 We will also be a named contact/agent on your accounts with those third party suppliers in order we can liaise directly with them on your behalf.

4.6 Withdrawing our name from your utility and household services accounts. If you break this contract, for example, by not making payments when due, we may remove our name as a contact on some or all of your utilities and household services accounts and we may stop providing you with our services. This may result in the third party suppliers pursuing you directly for any outstanding payments on a joint and several basis (please see the paragraph with heading “What does “joint and several” liability mean?” above for an explanation of what this means).

4.7 We are not responsible for delays outside our control. If our supply of our services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

4.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply our services to you, for example, we may require you to provide us with meter readings at your property. If so, we will contact you to ask for this information. 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 suspend the provision of our services, end our contract with you or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.

4.9 Further reasons we may suspend our services. We may have to suspend the supply of our services:to deal with technical problems or make minor technical changes to our service and/or our website;

4.9.1 to deal with technical problems or make minor technical changes to our service and/or our website;

4.9.2. if the utility or household services supplier restricts our access to or prevents us from accessing your accounts with them;

4.9.3 to update the services to reflect changes in relevant laws and regulatory requirements.

4.10 Your rights if we suspend the supply of our services. We will contact you in advance to tell you we will be suspending supply of our services, unless the problem is urgent or an emergency. If we have to suspend our services for longer than 2 consecutive calendar months you may contact us to end your contract with us. Your rights in this clause apply to our services and not those of the third party utility and household services suppliers.

4.11 Comission If you have been introduced to us by a third party, for example, an estate agent, landlord, student society or one of your friends, we may pay that person a fee for introducing you to us.

5. Utilities and household services

5.1 Transferring your supply. We will make arrangement for the transfer of the utilities and household services you request to be added to your Huru account from your existing suppliers (if any) to the new suppliers. You should contact your existing supplier to terminate your existing contract and pay off any outstanding balance.

5.2 Provision of access and information. You must comply with our reasonable requests and do all things necessary to transfer the utilities and household services from your current supplier to the new supplier. For example, you should provide the utility and household services companies access to the property to install and maintain the utilities and household services whenever reasonably requested.

5.3 Failure to provide access or information. If you do not provide access to the property or reasonably requested information, in addition to our rights set out in these terms, the utility and household services companies may make additional charges against your accounts with them.

5.4 Separate contracts. We will enter you into separate contracts with the utility and household services companies. We will not be party to those agreements and we are not responsible for any of the obligations agreed between you and the utility and household services companies or any liabilities that arise under those contracts.

5.5 Authority. You must obtain all consents necessary for us to provide our services to you. For example, if you are in rented accommodation you should review your tenancy agreement and get the permission of the landlord to change utility and household services providers.

6. Our rights to make changes

6.1 Minor changes to our services. We may change the services we provide:

6.1.1 to reflect changes in relevant laws and regulatory requirements; andto implement minor technical adjustments and improvements, for

6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.

7. Price and payment

7.1 How do we make money?

7.1.1 We, Huru, charge you a monthly fee for our services. This fee is in addition to the charges you are required to pay for the utility and household services on your account. What we charge you depends on how many housemates you have which are using our services:If there are fewer than three tenants in a property using our services, we charge a £5 per month including VAT management fee;

7.1.1.1 If there are fewer than three tenants in a property using our services, we charge a £5 per month including VAT management fee;

7.1.1.2 If there are more than three tenants in a property using our services, we charge a £2 per tenant per month including VAT management fee;The management fee described in this clause will be divided between you and your housemates equally and added to your respective monthly payments.

 The management fee described in this clause will be divided between you and your housemates equally and added to your respective monthly payments.

7.1.2 We may also receive a payment from each utility and household services company you sign up with using our service and you acknowledge that we may receive such payments and authorise and consent to us retaining them during the term.

7.1.3 Our prices are not fixed, we may increase them at our discretion. However, before we increase our prices we will always give you notice of the increase (usually by email) 30 days prior to the increase taking effect. Please note, where you do not wish to continue using our services as a result of such increase, you have the ability to terminate the contract, please see the paragraph with heading “Ending your contract with us where we are not at fault and there is no legal right to change your mind” for further details.

7.2 Estimated costs of the utilities. The estimated costs of the utility and household services (which will include VAT where applicable) will be as displayed to you on our website when you add them to your Huru account. These estimated costs will be used to calculate your monthly payments (see below for further details). When calculating the estimated costs of the utility and household services we take into account many changing variables and so you should be aware that your monthly bills will vary depending on, for example, utility prices, meter readings and usage. Often we base the estimated usage figures on data from third party suppliers and official bodies such as OFGEM and OFWAT by reference to your property location and property size.

7.3 Monthly payments. You pay us a monthly sum in advance on account of the estimated usage of the utilities and household services on your Huru account and such amount will be notified to you by email each month. As part of our service, we will allocate the monthly payments to the utility and household services providers as necessary and remit the relevant monies to them. We reserve the right to take sums on account quarterly in advance (rather than monthly in advance) where we consider there to be an increased credit risk – we will let you know if this is relevant to you.

7.4 Over or under estimates. If actual usage of the utilities and household services is more or less than the sums paid on account, we will credit your next Huru bill where your actual usage is less than the estimate or debit your bank account where your actual usage is more than the estimate. In some circumstances, at our discretion, we may refund to your bank account credit balances rather than crediting them against future Huru bills.

7.5 Utility provider rate increases and VAT increases. If the utilities or household services providers increase their rates or there is an increase in the rate of VAT, we will increase your monthly payments on account.

7.6 When you must pay and how you must pay. You must make payments to us monthly in advance by direct debit or BACS on account of the utility and household services you receive until your contract with us e Please note that Ropemakerone Limited has appointed the BACS Approved Direct Debit Bureau, Go Cardless Ltd (https://gocardless.com), to collect your direct debit payments (if you have chosen to pay by direct debit) and HURU or similar will be shown on your bank statement.

7.7 Monthly bills. You must ensure your direct debit or BACS payment is made within 5 working days from the day you receive your monthly bill. If you have chosen to pay by direct debit, we will generally take care of this by collecting payment by direct debit.

7.8 What happens if your payment is late.

7.8.1 Interest If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

7.8.2 Administration charge. We reserve the right to charge an additional £10 including VAT for each late payment to cover our costs in issuing you with a late payment notice. This does not affect any other rights we may have under this contract.

7.8.3 Utilities and household services. If you do not pay us sums when due, we will not be able to make the necessary payments to the utilities and household services providers which could cause them to take action against you including, for example, charging you interest, charging you late payment fees, suspending supply of the relevant utilities or services to you or ending their contracts with you.

7.8.4 We may end your contract with us in accordance with the paragraph with heading “Our rights to end your contract with us”.

7.8.5 Prioritisation of bill payment. For any funds that Ropemakerone ltd. collects and holds for your account, where possible these funds will be paid to your suppliers for services they have provided to you. Ropemakerone ltd. will prioritise the payment of your bills as recommended by the Money Advice Service – https://www.moneyadviceservice.org.uk/en/articles/how-to-prioritise-your-debts .

8. Your rights to end your contract with us.

8.1 PLEASE NOTE: Your contracts with the utility and household services companies will be governed by separate terms and conditions between you and them. Please check those terms and conditions for the provisions applicable to those contracts. Terminating your contract with us will not terminate your contracts with the utility and household services companies. If you wish to terminate your contract with a utility or household services company, you must contract them to deal with your cancellation.

8.2 You can end your contract with us as follows. Your rights when you end the contract will depend on how we are performing the Huru services and when you decide to end the contract. If you want to end your contract with us, please:Tell us why as this will help us to close down your account;

8.2.1 Tell us why as this will help us to close down your account;

8.2.2 Provide us with meter readings (we may need meter readings to close your account and issue you with a final bill – we will ask you for these and it is your responsibility to provide us with them, please note that if you do not provide us with the meter readings, the closure of your account with us may be delayed);

8.2.3 Where relevant, provide us with confirmation of your tenancy end date; and

8.2.4 Where relevant, provide us with your landlord’s contact information.

8.3 Ending the contract because of something we have done or are going to do. If you are validly ending the contract between you and us for any of the reasons set out below, the contract will end immediately. The reasons are:

8.3.1 we have told you about an upcoming change to our services or these terms which you do not agree to;

8.3.2 there is a risk that supply of our services may be significantly delayed because of events outside our control; or

8.3.3 you have a legal right to end the contract because of something we have done wrong.

8.4 Exercising your legal right to change your mind (Consumer Contracts Regulations 2013). For most services bought online, you have a legal right to change your mind. You have 14 days after the day we email you to confirm your Huru account has been set up. If you cancel after we have started the services, you must pay us for the services provided by us up until the time you tell us that you have changed your mind. Your obligation to pay for any utilities and household services will be determined by reference to your contracts with the relevant suppliers.

8.5 Ending your contract with us where we are not at fault and there is no legal right to change your mind. Even if we are not at fault and you do not have a legal right to change your mind, you can still end your contract with us for convenience. If you want to end your contract with us in these circumstances and:

8.5.1 You are the only person who holds a Huru account in your property, just contact us to let us know you wish to end the contract with us. You are required to give us 30 days notice to end the contract and therefore your contract with us will not end until 30 days after the day on which you contact us.

8.5.2 You are not the only person who holds a Huru account in relation to the relevant property (e.g. your housemates have Huru accounts with us), in which case the following shall apply:

8.5.2.1 you must seek all of your housemates’ approval to release you from your future obligations under this contract as their proportion of the monthly payments may increase;

8.5.2.2 if you are the named tenant on your utility and household services’ accounts with the relevant provider(s), you will need to obtain the agreement of one of your housemates to become the named tenant in your place;

8.5.2.3 we will contact your housemates to notify them of their revised monthly estimates and seek their consent to release you from your future obligations under this contract and if you are the named tenant, the consent of the housemate who will be replacing you;

8.5.2.4 your contract with us will end 30 days after the day on which we receive consent from all of your housemates to release you from your future obligations under this contract;

8.5.2.5 You will remain responsible for all liability incurred and related to the period up to and including the point your contract with us ends.

9. How to end the contract with us

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1 contacting us by telephoning our customer service team at 02088199176 or by writing to us at support@gethuru.com; or

9.1.2 if you are exercising your legal right to change your mind, you may complete and send to us the model cancellation form (which can be found at the end of these terms)

9.2 How we will refund you. If you are eligible for a refund, we will notify you and refund your bank account from which you make your monthly payments.

9.3 When your refund will be made. We will make any refunds due to you as soon as possible.

10. Our rights to end your contract with us

10.1 We may end the contract if you break it. We may end the contract at any time by writing to you:

10.1.1 If you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

10.1.2 If you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services to you; and

10.1.3 If you do not, within a reasonable time, accept the utility and household services from the third party suppliers.

10.2 For convenience.

10.2.1 We may end your contract with us for convenience by giving you 30 days notice. (You will be charged by us for the utilities and household services on your Huru account during the 30 day notice period and you will continue to be bound by your contracts with the relevant utility and household services companies, which will continue in full force and effect in accordance with their terms, even after this contract has come to an end).

11. Consequences of the contract ending or expiring

11.1 On expiry or ending the contract. Upon expiry or ending your contract for whatever reason:

11.1.1 we will compile a final bill. The final bill will detail any outstanding utility or household services charges that apply to the utilities and services in your Huru account for the period in which we were providing our services;

11.1.2 we will inform the utility and household services companies that we are no longer providing our services to you. Please note that we will not cancel the utility or household services, which you will be required to administer and manage, and which will continue in accordance with your contracts with the relevant suppliers;

11.1.3 if your Huru account is in credit, we will return the surplus funds to you to your bank account you use to pay us;

11.1.4 if your Huru account is in debit, you must pay us the amount due as set out in the final bill within 5 days of receiving the final bill. You must pay any other sums due to us immediately; and

11.1.5 your and our accrued rights, remedies, obligations and liabilities of as at termination or expiry shall not be affected.

12. Loss or damage suffered by you

12.1 Utility and household services companies. We are not responsible for the acts or omissions of the utility and household services companies. You have a contract with those third party suppliers, and you should direct any questions or complaints you have in connection with the utilities and household services they provide to them.

12.2 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.

12.3 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 services including the right to receive services supplied with reasonable skill and care.

12.4 We are not liable for business losses. We only supply our services for domestic and private use. If you use the services 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.

13. How we may use your personal information

13.1 How we will use your personal information. We will use the personal information you provide to us in accordance with our privacy policy in force from time to time. For example, we may use your personal information:

13.1.1 to supply our services to you;to manage your accounts with the third party utility or household services providers which you add to your

13.1.2 to manage your accounts with the third party utility or household services providers which you add to your Huru account;

13.1.3 to provide your details to the third party utility and household services providers who provide the utilities and household services which you add to your Huru account; andto give you information about similar products or services that we provide, but you may stop receiving this at any time by contacting us.

13.1.4 to give you information about similar products or services that we provide, but you may stop receiving this at any time by contacting us.

13.2 We may pass your personal information to credit reference agencies. We may pass your personal information to credit reference agencies and we and they may keep a record of any search that they do.

13.3 We may share a copy of these terms. We may share a copy of these terms with the utility and household services companies.

14. Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, for example, the third party utility or household services companies who provide the utility or household services which you add to your Huru account or debt collection companies.

14.2 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. We may not agree if, for example, we have concerns as to the proposed transferee’s ability to pay our fees and/or for the utility or household services which you have added to your Huru account.

14.3 Rights under this contract.

14.3.1 This contract is between us and you personally.

14.3.2 The utility and household services companies have the right to enforce the paragraph with heading “Your housemates” above as if they were a party to this contract.

14.3.3 Neither we nor you need the consent of any other person (including the utility and household services companies) to terminate, set aside or agree any change, waiver or settlement under this contract.

14.3.4 Except as stated in this paragraph with heading “Rights under this contract”, no other person shall have any rights to enforce any of its terms of this contract.

14.4 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.

14.5 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 our services, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings.

14.6.1 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.

14.6.2 If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts.

14.6.3 If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

14.7 Dispute resolution. Under EU Regulations we are required to provide consumers with a link to the Online Dispute Resolution platform. You can submit a complaint via the Online Dispute Resolution platform, which can be found at https://webgate.ec.europa.eu/odr