For the purposes of this Code of Practice, Future Corporate Technologies is a Third Party Intermediary (TPI), an organisation engaged in activities to facilitate the agreement of an energy supply contract between a non-domestic consumer (Customer) and a licensed gas and/or electricity supplier (Supplier). This Code of Practice currently applies on a voluntary basis. FCT have chosen to comply with this Code of Practice. Customers and Suppliers who deal with TPIs may also choose to deal only with TPIs who agree to comply with this Code of Practice. This Code of Practice has been produced and is administered by RECCo. RECCo is the independent body which administers the Retail Energy Code – the Ofgem regulated energy code which governs the retail aspects of the gas and electricity markets in Great Britain.
Principle 1: Transparency & Accuracy
The purpose of this principle is to empower Customers to make informed purchasing decisions.
- The TPI must provide clarity from the outset of its dealings with the Customer that the TPI is an intermediary, and must not misrepresent itself as anything other than a TPI in its communications.
- The TPI must provide clarity to the Customer regarding how the TPI is remunerated - making sure the Customer is aware how the TPI is being paid for the work it does. This must be prior to the Customer entering into a contract with the TPI, and must be clearly laid out in the TPI's terms and conditions.
- The TPI must ensure the maintenance of accurate Customer data and provide such data as required by the Supplier.
- The TPI must take all reasonable steps to establish accurate energy consumption data (known in the industry as EAC and/or AQ data), and must maintain records of how EAC and/or AQ data was calculated.
- The TPI must ensure that the Customer is aware of the annual energy consumption figures used by the TPI when tendering for energy supply prices.
- The TPI must ensure that it does not misrepresent the Supplier contract type and/or contract price that is presented to the Customer.
- The TPI must ensure that where reference is made to information relating to Suppliers, legislation and/or industry news/events, that these are relevant to the contract being proposed to the Customer, and that they are accurate and traceable to trusted sources.
- When the Customer enters into an energy supply contract, the TPI must ensure that the Customer is aware that it is entering into a legally binding contract.
Principle 2: Transparent TPI Pricing & Product Information
The purpose of this principle is to enable Customers to effectively compare TPIs, to facilitate competition in the TPI market, and to ensure that Customers have full visibility of the TPI's commission.
- In order for the Customer to understand the likely amount of commission which the TPI will receive, the TPI must include in its Customer-facing documentation the calculation which will be used to determine the TPI's commission.
- Prior to the Customer entering into a contract with the Supplier, the TPI must clearly state to the Customer the commission which the TPI will receive in respect of the contract, and how that commission will be calculated (for example, whether it is a pence per kWh uplift and/or an uplift to the standing charge). This commission figure must include any commission payable by the Customer.
- The TPI must provide the Customer with clarity and visibility of the Suppliers which the TPI approached for quotes, and the prices quoted by those who met the Customer's requirements.
- The TPI must clearly state - in writing, in plain English, and as part of the TPI's contract with the Customer - the products and services which the TPI will provide to the Customer.
Principle 3: Treating Customers Fairly
The purpose of this principle is to ensure that TPIs treat Customers fairly, so as to increase Customer engagement and trust in the market.
- The TPI must ensure that the energy supply contract which it recommends to a Customer is suitable for that Customer based on the information the Customer has provided.
- The TPI must ensure that the material terms of energy supply contracts are clearly and fairly explained to the Customer, including an accurate description of the charges (including of separate commodity and non-commodity charges, if applicable).
- The TPI must only represent to a Supplier that there has been a change of occupier (known in the industry as a Change of Tenancy) if there is reasonable evidence that the Customer is a new occupier of the premises.
- The TPI must take all steps to ensure that Customers are treated fairly, and that they are not subject to unreasonable pressure when making decisions.
- The TPI must obtain from the Customer, and provide to the Supplier, a letter of authority.
- Where a letter of authority is revoked by a Customer, the TPI must promptly inform all the Suppliers with which they had registered the letter of authority.
- The TPI must bring to the Customer's notice, any contract termination fee that may be applicable under any energy supply contracts.
Principle 4: Clear Route for Dispute Resolution
The purpose of this principle is to ensure that Customers have a clear route to address TPI complaints.
- The TPI must ensure that there is a robust complaints procedure in place, which is available via the TPI's website and in hardcopy if requested.
- The TPI must ensure that the complaints procedure is maintained and kept up to date, using a version controlled published document. Copies of previous versions must be made available if requested.
- For Customers who qualify as Micro Business Consumers (as defined in Ofgem's energy supply licences), the TPI must ensure that they are signed-up to a qualifying Alternative Dispute Resolution scheme, and that details of the scheme and the TPI's membership number are included in the TPI's contract with the Customer and other key communications from the TPI to the Customer.
- The TPI must ensure that Customers are able to register complaints by phone, by post, and via email or other electronic format.
- The TPI must ensure complaints are logged electronically with the pertinent information captured regarding complaint date and reason, and then updated at regular intervals with action taken / outcome. The log for each complaint must be held for at least 6 years following the date on which it was raised.
- The TPI must clearly signpost the Customer to the services of the Energy Ombudsman, as well as provide clear signposts to other sources of independent help that is available to Customers.
Principle 5: Appropriate Data Protection Arrangements
The purpose of this principle is to provide assurance to the Customer that the regulatory requirements for data protection are met, and to promote trust in the market.
- The TPI must ensure that it handles Customer data in accordance with the relevant data protection regulations, including the Data Protection Act 2018 (sometimes referred to as GDPR) and the marketing requirements of the Privacy and Electronic Communications Regulations (PECR).
- The TPI must register with the Information Commissioner's Office (ICO) and pay the data protection fee.
- The TPI must have an up-to-date data protection policy which governs its processing of personal data.
- The TPI must have access controls which provide for appropriate user access security and control procedures to guard against unauthorised access to personal data and other data.
Principle 6: Awareness Training in relation to this Code of Practice
The purpose of this principle is to ensure that TPIs and their representatives understand the requirements of this Code of Practice.
- The TPI must ensure that its representatives regularly undertake training in relation to these Code of Practice principles. This training must be provided to all relevant staff, third parties, agents or representatives, so that they understand and can follow the relevant requirements of this Code of Practice.
- The TPI must maintain a detailed training log to track staff and partners trained, including the date of the next refresher training which the individual is due to undertake.
- The TPI is responsible for ensuring that all relevant staff, third parties, agents or representatives adhere to these principles and compliance requirements.
Principle 7: Compliance Processes
- The TPI must retain evidence of compliance with the requirements of this Code of Practice, which may include telephone recordings (in which case the Customer must be made aware that recordings are made for compliance purposes).
- The TPI must have appropriate compliance processes in place to check its sales and other activities against the requirements of this Code of Practice.