CheckMyRates – Service Terms & Conditions

Last updated: [19/01/2025]

These Terms & Conditions (“Agreement”) govern the provision of services by CheckMyRates (“we”, “us”, “our”) to the party identified as the Client.

​

By instructing CheckMyRates to proceed, including by uploading information for review or making the initial review payment, the Client agrees to be bound by this Agreement.

​

1. Definitions

​

Instruction Date
The date on which the Client uploads information for review or makes the initial review payment of £100 + VAT, whichever occurs first.

​

Services
The independent review, validation, and execution services provided by CheckMyRates in relation to business rates, energy, water, telecoms, merchant services, or other cost areas agreed.

 

Execution
Actions taken to address Validated Issues, including engagement with suppliers, authorities, regulators, or other third parties where appropriate.

 

Validated Issue
An error, inefficiency, risk, misapplication, or inappropriate charge confirmed by evidence and professional assessment.

 

Fixed Service Fees
The fixed fees payable by the Client to CheckMyRates under this Agreement, excluding any commission.

 

Client Commission

The percentage-based remuneration payable by the Client to CheckMyRates on realised and confirmed savings, including any success-based fees applicable to Business Rates, calculated strictly in accordance with this Agreement.

 

Supplier Commission

Any commission, referral fee, introduction fee, or other remuneration paid directly to CheckMyRates by third-party suppliers in connection with the provision of the Services, including (without limitation) energy, telecoms, water, or merchant services suppliers.

Supplier Commission is not payable by the Client, is separate from Fixed Service Fees and Client Commission, and does not reduce or offset any amounts payable by the Client under this Agreement.

​

2. Scope of Services

CheckMyRates provides independent cost review services designed to identify errors, inefficiencies, risks, or inappropriate charges in essential business costs.

​

The Services may include:

• review and validation of information provided;

• identification of Validated Issues; and

• execution steps where Validated Issues are identified.

CheckMyRates does not guarantee that issues will be identified, that savings will arise, or that third parties will accept or implement any proposed changes.

​

3. Engagement Structure

The initial review forms the qualification stage of this Agreement.

• Where no Validated Issues are identified, the engagement shall end.

• Where Validated Issues are identified:

  • the engagement shall proceed automatically to execution; and

  • the Client may not terminate for convenience once execution has commenced.

 

4. Authority & Client Cooperation

The Client shall provide all information, access, permissions, and authority reasonably required to perform the Services, including Letters of Authority, supplier permissions, renewal documentation, contracts, and billing data.

Authority and cooperation must be provided promptly upon request.

Where authority or cooperation is delayed or withheld:

• execution and timelines may be suspended;

• CheckMyRates shall not be responsible for delayed or reduced outcomes; and

• any fee guarantee shall not apply for the affected period or outcome.

Persistent failure to cooperate constitutes a material breach of this Agreement.

​

5. Fees & Commercials - IMPORTANT – PLEASE READ CAREFULLY

5.1 Initial Review Fee

An initial review fee of £100 + VAT is payable on the Instruction Date.

• Refunded where no Validated Issues are identified.

• Retained where Validated Issues are identified and execution proceeds.

 

5.2 Fixed Service Fee

Where Validated Issues are identified, a fixed administration fee of £349 + VAT becomes payable.

This fee covers case setup, execution management, administration, and supporting activity.

 

5.3 Client Commission on Realised Savings

Where savings are realised and confirmed as a result of the Services, the Client shall pay CheckMyRates Client Commission equal to 25% of the realised and confirmed savings, where applicable (including Business Rates).

Client Commission is earned once savings are:

• contractually agreed;

• formally applied; or

• otherwise secured through execution,

and is non-refundable.

Client Commission is calculated solely by reference to Savings as defined in Section 6.

 

5.4 Supplier Commission

CheckMyRates may receive Supplier Commission directly from third-party suppliers in connection with the execution of the Services.

For the avoidance of doubt:​

• Supplier Commission does not affect Fixed Service Fees or Client Commission; and

• Supplier Commission does not alter the scope, independence, or obligations of the Services provided under this Agreement.

5.5 Fee Guarantee (Fixed Fees Only)

Where the engagement proceeds beyond the initial review stage, CheckMyRates guarantees that the total value of realised and confirmed savings will exceed the Fixed Service Fees paid.

If, following completion of execution, realised savings do not exceed the Fixed Service Fees paid, those Fixed Service Fees shall be refunded in full.

This guarantee:

• applies only to Fixed Service Fees;

• excludes Client Commission and Supplier Commission; and

• does not apply where outcomes are prevented by lack of authority, cooperation, or third-party decisions.

 

6. Savings Definition

For non-domestic utilities, telecoms, water, and merchant services, a Saving means the difference between:

• the formal renewal pricing offered by the Client’s incumbent supplier at the point of renewal; and

• the pricing secured or confirmed following execution.

Savings are measured solely against the incumbent supplier’s renewal offer.
Third-party quotations, hypothetical pricing, or counterfactual comparisons are excluded.

A Saving is deemed realised once contractually confirmed or applied, irrespective of billing or invoice timing.

​

7. Execution & Market Conditions

Execution steps are evidence-led and proportionate to the Validated Issues identified.

Execution may include renegotiation, restructuring, correction of errors, or supplier change where appropriate.

CheckMyRates does not guarantee alternative pricing, supplier change, or regulatory outcomes.

Supplier refusal, regulatory decisions, or market conditions do not constitute a breach of this Agreement.

​

8. Exclusivity During Execution

During execution of a specific Service, the Client shall not engage any third party to perform substantially similar services for that same service area where doing so would reasonably interfere with execution.

This exclusivity applies:

• only to the relevant service area; and

• only for the duration of execution.

 

9. Term & Duration

This Agreement shall commence on the Instruction Date, being the date the Client uploads information for review or makes the initial review payment of £100 + VAT, whichever occurs first.

The Agreement shall continue for a period of twenty-four (24) months from the Instruction Date, unless terminated earlier in accordance with this Agreement.

Completion of execution or conclusion of any specific Service prior to expiry shall not affect any obligations accrued under this Agreement.

Any provisions which by their nature are intended to survive expiry or termination, including payment of fees, Client Commission properly earned, limitation of liability, data protection, confidentiality, and governing law, shall survive termination or expiry.

​

10. Termination

The Client may not terminate this Agreement for convenience once execution has commenced.

Termination by the Client is permitted only where CheckMyRates commits a material breach and fails to remedy that breach within 14 days of written notice.

CheckMyRates may terminate immediately where the Client:

• fails to cooperate or provide required authority;

• fails to make payment when due; or

• commits a material breach.

Upon termination, the Client remains liable for:

• unpaid Fixed Service Fees; and

• Client Commission already earned in accordance with this Agreement.

No percentage-based termination penalties apply.

 

11. Payment Terms

Invoices are payable within 7 days of issue.

Late payments accrue interest at 8% above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

CheckMyRates may suspend Services for non-payment.

The Client is responsible for all reasonable recovery costs.

 

12. Audit & Verification

The Client shall provide, upon request, all reasonable documentation required to verify execution outcomes, including renewal offers, supplier contracts, billing data, and confirmation of applied pricing.

Failure to provide verification may result in suspension of execution and delay in confirmation of savings, but shall not require CheckMyRates to estimate or assume savings.

 

13. Data Protection

Each party shall comply with applicable data protection law.

CheckMyRates acts as a data controller unless otherwise expressly agreed in writing.

Personal data may be shared with suppliers, regulators, and service providers solely for the purposes of delivering the Services.

Further details are set out in the Privacy Policy, which forms part of this Agreement by reference.

 

14. Intellectual Property

All methodologies, tools, templates, analysis frameworks, and reports remain the intellectual property of CheckMyRates.

The Client is granted a non-exclusive, non-transferable licence for internal business use only.

 

15. Limitation of Liability

Total liability arising under this Agreement shall not exceed the Fixed Service Fees paid.

CheckMyRates shall not be liable for loss of profit, loss of business, or indirect or consequential loss.

Nothing limits liability for fraud or matters that cannot be excluded by law.

 

16. Force Majeure

Neither party shall be liable for failure caused by events beyond reasonable control, including regulatory change, supplier failure, industrial action, or system outage.

 

17. Confidentiality

Both parties shall keep confidential all non-public information disclosed in connection with the Services, except where disclosure is required by law or necessary for execution.

 

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or arrangements.

​

19. Governing Law & Jurisdiction

This Agreement is governed by English law.
The courts of England and Wales have exclusive jurisdiction.

​

END OF TERMS