Switch & Save Terms of Service.
Switch & Save Terms of service last updated: 23th July 2021
These Terms & Conditions are in addition to Hub Controls General Terms of Service.
Continued use of the Service or the hubcontrols.ie website will be deemed to constitute acceptance of these Terms and Conditions.
- Law means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Hub Controls Ltd or the Customer is from time to time subject;
- Switch & Save means the service that the Customer may register to receive on the Hub Controls Ltd. website.
- Service means the service provided by Hub Controls Ltd via the Hub Controls Ltd website or call whereby the Customer may obtain impartial information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products.
- Supplier means any supplier of services, products and/or goods selected by Hub Controls Ltd. and our partners from time to time and who is listed on the Hub Controls Ltd. website.
- Agreement means the contract between You and Us, comprising the Order to which these Terms of Service apply.
- Data Protection Legislation means all legislation relating to the processing and protection of Personal Data including the Irish Data Protection Acts 1988 to 2003, the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, and from the 25 May 2018 the General Data Protection Regulation (EU 2016/679) and any relevant transposition, successor or replacement of those laws and any applicable guidelines or codes of practice.
- Force Majeure means any event outside Hub Controls’ reasonable control, including but not limited to Acts of God, explosion, flood or other natural disaster, lightning, tempest, fire or other accident, war or threat of war, sabotage, insurrection, riot, invasion, terrorist attack or threat of terrorist attack, civil disturbance or disorder, industrial disputes, strikes and lockouts, acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental authority, import or export regulations or embargoes, defaults of suppliers or subcontractors, or any act or omission of any nature whatsoever on the part of the customer or its agents or any event or circumstance which would constitute force majeure under any applicable connection agreement, network or grid code.
- Personal Data has the meaning set out in the Data Protection Legislation.
- Premises means the premises identified in the Order being the property at which the Works are to be carried out.
- Services means the services to be supplied by Hub Controls to you as set out in the Order.
- Subcontractors means the party or parties to whom Hub Controls may subcontract all or part of the Services.
- Terms and Conditions or Terms of Service means these conditions.
- Us or We means Hub Controls Ltd.
- VAT means value added tax at the applicable rate from time to time.
- You means the person named on the Order.
The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Suppliers or transact with Suppliers. Hub Controls Ltd. will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier and Hub Controls Ltd. shall in no circumstances have any liability whatsoever in respect of any such transaction. Hub Controls Ltd. will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).
The Customer acknowledges that where relevant Hub Controls Ltd. will pass his or her details to our partners, Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers. Hub Controls Ltd. will obtain the Customers consent prior to sending such details to Suppliers or potential suppliers.
Hub Controls Ltd. does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the Hub Controls Ltd. website, the call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier’s information, goods or services shall rest with the Supplier.
The Customer acknowledges that the prices are not updated every day and that it is the Customer’s responsibility to verify prices with the Supplier.
Hub Controls Ltd. does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer.
Hub Controls Ltd. does not warrant that the Customer’s use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all. Hub Controls Ltd. reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.
Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or Hub Controls Ltd. website:
- to send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- to cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- other than in conformance with accepted Internet practices and practices of any connected networks; or
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
If the Customer uses (or anyone other than the Customer, with Customer’s permission uses) the Service in contravention of this Agreement, Hub Controls Ltd. may suspend the Customer’s use of the Services.
If Hub Controls Ltd. suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by Hub Controls Ltd. that there will be no further breach of the provisions of this Agreement.
Hub Controls Ltd. reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of Agreement.
The Customer grants Hub Controls Ltd. a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any material transmitted by the Customer via the Services, save where such message is transmitted by way of private correspondence.
Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.
The following uses of the Service and expressly prohibited:
- resale of the Services and/or the Supplier’s services, products and/or goods without the prior written consent of Hub Controls Ltd. or the relevant Supplier;
- furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- attempting to circumvent Hub Controls Ltd’s security or network (“cracking”) including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool);
- executing any form of network monitoring which will intercept data not intended for the Customer;
- sending unsolicited mail messages, including the sending of “junk mail”; or other advertising material to individuals who did not specifically request such material. The Customer is explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the Customer may not send that person any further e-mail;
- creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
- malicious e-mail, including, but not limited to, “mail-bombing” (flooding a user or site with very large or numerous pieces of e-mails);
- entering into fraudulent transactions with Suppliers (which shall be include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party); and
- unauthorised use, or forging, or mail header information.
3.1. Use of the hubcontrols.com website is currently free. However, hubcontrols.com reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.
3.2. Cancellation. You can cancel your Switch & Save at any time, and you will continue to have access to the full Hub Controller service. To cancel call our Customer Service contact number at +353 1 908 1771. or send an email to email@example.com with Subject: Switch & Save Cancellation. If you cancel your membership, you will not benefit from the automatic switching service after your contract with Supplier expires. However, subject to availability, you can sign up for the Switch & Save service repeatedly.
3.3. The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and Hub Controls Ltd. shall have no responsibility for transmission of payments to a Supplier.
3.4. Certain Suppliers will require details of the Customer’s credit or debit card and the Customer hereby agrees to provide such details to our partner Ucompare where necessary and to the forwarding of such details by Ucompare to the relevant Supplier.
3.5. Hub Controls Ltd. shall be entitled to suspend the Services and/or terminate this Agreement if:
- the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 14 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
- Hub Controls Ltd. suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Hub Controls Ltd. or any Supplier.
3.6. The right to terminate this Agreement shall not prejudice any other right or remedy of Hub Controls Ltd. in respect of any breach or any right, obligation or liabilities accrued prior to termination.
4.1. We and/or our partners will inform the Customer of any applicable terms and conditions imposed by a Supplier, in relation to the supply of its services, products and/or goods and the Customer agrees to abide by those terms and conditions.
4.2. The Customer acknowledges that the Customer will be required to fully and accurately complete a sign up process in order to have access to Switch & Save.
4.3. The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform Hub Controls Ltd. of any changes to such information.
The customer shall compensate Hub Controls Ltd. in full for each loss, liability or cost incurred by Hub Controls Ltd. arising out of:
- any claims or legal proceedings arising from the Customer’s use of the Services or use of the Services through the Customer’s password which are brought or threatened against Hub Controls Ltd. by any other person; or
- any breach of this Agreement by the Customer.
6.1. Nothing in these terms and conditions limits or excludes the liability of Hub Controls Ltd. for death or personal injury caused by Hub Controls’s negligence or any other liability which may not be limited or excluded under applicable law.
6.2. Hub Controls Ltd. will use its reasonable endeavours to ensure that information provided to You by our Partners or Suppliers is accurate but Hub Controls Ltd. does not guarantee the accuracy, completeness, legality or suitability for the Customer’s needs of any information which is provided to the Customer by any Supplier and/or is accessed or obtained by the Customer via the hubcontrols.com website, the call centre or otherwise through using the Service.
6.3. Subject to clause 5.1, you agree that Hub Controls Ltd. will not be liable for any loss, claim or damage (whether direct or indirect) which arises out of or is in any way connected with:
- any use of the Service, the hubcontrols.com website or its contents;
- any failure or delay in any component of the hubcontrols.com website, the provision of the Service or the provision by any Supplier of its goods, products or services to the Customer (including, without limitation, where the Customer has a delayed or failed switch from its current energy supplier to a Supplier and/or the Customer is unable to obtain the cashback, voucher, reduced price tariff or other reward or incentive which he or she may have otherwise been entitled to from a Supplier were it not for the failure or delay);
- any use of or reliance upon any information, material, software, products or services obtained through the hubcontrols.com website, the call centre or otherwise through using the Service (including, without limitation, any information, material, software, products or services of any Suppliers); or
- any transaction or agreement between the Customer and any Supplier or any attempt to enter into a transaction or an agreement with any Supplier, in all cases even if Hub Controls Ltd. has been forewarned of the possibility of such loss or damage.
6.4. Hub Controls Ltd. shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
Hub Controls Ltd. shall comply with all applicable data protection laws in the Republic of Ireland.
Details about how we use your data, and the rights you have in relation to your data, please refer to our Privacy Notice at www.thehubcontroller.com/privacy.html For further information, you may contact the Hub Controls Data Protection Officer at Hub Controls, Synergy Centre, ITT Dublin, Tallaght, D24 A386 or at firstname.lastname@example.org.
8.1. Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Hub Controls Ltd. 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.
9.1. This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
9.2. No waiver by Hub Controls Ltd. of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by Hub Controls Ltd. to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.
The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Hub Controls Ltd. 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.
You may make a complaint in relation to any issue arising under the Agreement by contacting the Customer Service of Hub Controls: By post, to the following address:
Nothing in these Conditions excludes or affects your statutory rights.
Hub Controls maintains the intellectual property rights, which include, without limitation design rights, content, copyright, content, patents etc.
All Hub Controls products are for personal use only and must not be resold.