1. Supply Service Licence
1.1. This Licence constitutes a legal contract between the organisation identified on the registration form (hereinafter ‘your organisation’) and BiP Solutions Limited (hereinafter ‘BiP’) that governs your use of the Service as defined in clause 3 and available at www.supplycontracts.co.uk
1.2. Commencement of your subscription grants you a License to use the Service detailed below as a named user (“you”) on behalf of your organisation. By registering for the Service, you confirm that you have authority to enter into this agreement on behalf of your organisation. This Licence applies to the BiP Service programs (including, but not limited to cgi scripts, subscription wizard, HTML code, BiP databases and BiP content and information programs) that you will use.
1.3. You should read these terms carefully. By installing any programs or using the Service you agree to be bound by the terms and conditions of this Licence. If the terms and conditions of this Licence are not accepted in full, you are not authorised to use the Service. You will be deemed to have accepted the Terms and Conditions if you register for the service.
1.4. BiP reserves the right to amend the Terms and Conditions at any time. Such changes will be effective following posting of the amended version on the site. It is your responsibility to review the terms and conditions regularly to ensure you are aware of the latest terms and conditions. Your continued use of the Service will constitute your acceptance of the modified terms and conditions. If you do not agree to any changes to these Terms and Conditions, then your only remedy is to cease using the Service. If you do not agree to or cannot comply with these terms, you must stop using the Service and, if applicable, cancel your subscription.
2. Grant of Licence
2.1. BiP grants your organisation the right to have one user of the Service (identified by email address) per subscription on a single computer or terminal (hereinafter “Authorised Use”) unless your subscription explicitly allows multiple users (multiple emails). You may not use, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Service, except as permitted hereunder or to the extent such acts may not be prohibited by law in the country of use or create derivative works based on the Service. All rights not expressly granted are reserved by BiP.
3. The Service
3.1. Supply is a service to provide insight into the public sector procurement process, to prepare SMEs to become business-ready to tender and to give access to relevant public sector contract opportunities.
3.2. Supply gives users access to:
· Free daily email alerts containing relevant contract opportunities within your local area. Alerts are available each working day (excluding UK bank holidays) and provide access to contract information from your local area and any additional regions you opt to subscribe to.
· The Supply online portal where you may tailor your alert profile to your specific business interests and gains access to online procurement tools and resources.
- Information about events
- News and resources
3.3. Supply also provides access to contract information outside your local area. On your chosen subscription level, you may see restricted or limited information relating to these additional regions and/or tiers of service.
3.4. Full access to additional regions and/or tiers of service and/or service options may require you to upgrade your subscription subject to subscription charges and the Terms of Business below.
3.5. If BiP receives from you an online request to stop sending email alerts as part of the Service, BiP will do so. Should you elect to submit such a
request, you understand that BiP’s subsequent agreement to stop sending alerts shall in no way be considered a breach of contract between BiP and your organisation, and as such the contract shall remain fully in force and legally binding.
3.6. Use of the free elements of the Service is limited to a maximum of two (2) user accounts per organisation. BiP reserves the right to terminate a
registration to the free service if your organisation exceeds this number.
3.7. The Contrax Online service (previously available at www.contraxonline.com) has been subsumed into and now forms part of the Tracker service.
4. Terms of Business – paid-for subscriptions
4.1. Subscription term
4.1.1. Should you choose to purchase any upgrades or options after registration, a twelve-month subscription term will apply. This will commence from the date of first purchase. Subscription periods associated with purchases of further upgrades or options will be prorated to fall in line with the annual subscription term established by your first purchase.
4.1.2. Your subscription will continue thereafter for further annual periods until you cancel your subscription via the online Service, termination being effective only from the end of the annual subscription period then in progress.
4.2. Payment Terms
4.2.1. All advertised prices exclude VAT, which is added at checkout where payable. All prices for products and services within the Service are subject to change by BiP at any time.
4.2.2. If a discount has been given against any subscription, whether as part of any promotional offer or otherwise, the discount will not apply beyond the current subscription period and the subscription will be renewed at the then prevailing full list price.
4.2.3. By submitting credit or debit card details, you warrant that you are entitled to purchase the paid-for content using those payment details. In the event of an unauthorised payment, BiP reserves the right to suspend or terminate your access to the paid-for service. If no payment authorisation is received or payment authorisation is subsequently cancelled, BiP may immediately terminate or suspend access to any paid-for service.
4.2.4. Where supported by your card type (e.g. Visa MasterCard, Visa Debit, etc.), by making a purchase under these terms and conditions you are granting continuous payment authority on your card. This will be used for your annual subscription renewals.
4.2.5. You understand that, once granted, continuous payment authority shall remain in force until you instruct a cancellation of the continuous payment authority in writing by sending an email to firstname.lastname@example.org. In the event that you are not willing to grant continuous payment authority, you should undertake your purchase using a card type that does not support continuous payment authority.
4.2.6. In the event that you fail to make any payment on the due date to BiP under this Licence, then, without prejudice to any other remedy or right available to BiP, including the right of termination, BiP shall be entitled to suspend any further Services without liability to BiP.
4.2.7. Where the option to pay by invoice is available, payment is due on receipt of invoice. Failure to make payment on receipt, BiP reserves the right to suspend or terminate your access to the paid-for service.
4.2.8. Any invoice outstanding may be referred to an external debt collection agency, in which case a surcharge of 15% plus
VAT will be payable to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred will be the
responsibility of the Licensee and will be legally enforceable.
4.2.9. Under the terms of The Late Payment of Commercial Debts (Interest) Act 1998, BiP retains the right to charge interest
on overdue accounts. The interest on overdue bills is calculated at the rate of 8% above the Bank of England base reference rate. Purchasers cannot contract out of late payment legislation.
4.3.1. Should you wish to downgrade from one or more of your paid-for elements of the Service, you should submit a request via the online Service. This will take effect from the end of your subscription term then in progress. Your access to the free elements of the Service and any paid-for elements of the Service not explicitly cancelled will continue.
4.4. Cancellation / Early Service Termination
4.4.1. Should you wish to cancel all access to the site including your access to the free service, you must submit a request via the online Service. This will take effect from the end of your subscription term then in progress.
4.5.1. Where you have purchased or received free of charge any subscriptions to upgrades or options, we will send you a renewal reminder email 14 days prior to your renewal date. This email will outline the items you currently subscribe to and will detail the renewal costs and the date by which payment will be due. Where continuous payment authority is applicable, you do not need to take any action to renew your subscription. The annual fee for your selected services will be debited from your card on the renewal date and your subscription will be renewed automatically using the card details from your most recent previous transaction.
4.5.2. Where continuous payment authority is not applicable, your subscription will continue as per clause 4.1.2. You will be invoiced for the subscription and payment is due upon receipt.
5. Other Restrictions
5.1. You acknowledge that this Licence is granted solely to you as a named user on behalf of the organisation identified on the registration form and neither this Licence nor the Service may be transferred, sub–licensed or otherwise assigned. Any export of the Service is subject to the requirements and restrictions of applicable laws and regulations. You may configure the Service for your own use provided it is in support of your Authorised Use. You agree that you will not allow others to use your user name, password and/or account and you are responsible for maintaining the confidentiality and security of your account. You agree to notify BiP immediately of any unauthorised use of your password and/or account. BiP shall not be responsible for any losses arising out of the unauthorised use of your user name, password or account and you agree to indemnify and hold harmless BiP for any improper, unauthorised or illegal uses of the same.
5.2. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you
assume all risk with respect to its use. Under no circumstances shall BiP Solutions Ltd, nor its affiliates, agents, and suppliers, be liable for any
damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party except in the case of death or personal injury caused by BiP Solutions Ltd’s negligence.
5.3. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted or proprietary materials available on this site, except as expressly permitted by BiP Solutions Ltd. Exporting, or extracting BiP Solutions Ltd data from this website into other databases is expressly prohibited as is the reselling of BiP Solutions Ltd information. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorised use thereof is strictly prohibited. BiP Solutions Ltd shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. BiP Solutions Ltd expressly disclaims all warranties, expressed or implied, as to the accuracy of any the content provided, or as to the fitness of the information for any purpose.
6. Your Use of BiP Websites and Web-Based Elements of the Service
6.1. You may not use any ‘deep–link’, ‘page–scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any BiP websites, the Service or any Materials or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. BiP reserves the right to bar any such activity, including via software and other electronic means.
6.2. You may not attempt to gain unauthorised access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any BiP server, or to any of the services offered on or through any BiP websites, by hacking, password ‘mining’ or any other illegitimate means.
6.3. You may not probe, scan or test the vulnerability of any BiP websites, and/or the Service or any connected network, nor breach any of BiP’s security or authentication measures. You may not reverse look–up, trace or seek to trace any information on any other user of or visitor to any BiP website or the Services, or exploit the Service or any service or information made available or offered by or through BiP’s website, in any way where the purpose is to reveal any third party information. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of BiP’s websites, Service or other systems. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You agree that you will not make or attempt any denial of service attacks against BiP.
7. Links to Third Party Sites
7.1. The Service may present links to third party websites not owned or operated by BiP. BiP is not responsible for the availability of these sites or
their content. You agree that BiP is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with your use of or reliance on any content of any such site or goods or services available through any such site.
8. Promotions and Advertising
8.1. BiP may present advertisements or promotional materials on or through the Service and on any BiP websites. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by any third party advertisers on or through the Service are solely between you and such third party. You agree that BiP shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service
9. Consequences of Breach of these Terms
9.1. In the event that BiP considers or determines, in their complete discretion, that you have breached, violated or contravened any provision of this Agreement or has otherwise demonstrated inappropriate conduct in the use of the Service, BIP reserve the absolute right, at its sole discretion to:
a) warn you that you have violated the Licence and ask you to discontinue such conduct; and/or
b) discontinue your membership of the Service and / or any other related services, including paid for content / features
c) take measures (including terminating, suspending or restricting your use of the Service) to prevent you from using the Service or linking to or
accessing the website; and/or terminate this Licence with immediate effect.
9.2. If BiP terminates this Agreement or suspends your account for any of the reasons set forth in this Agreement, BiP shall have no liability or
responsibility to you, and BiP will not refund any amounts that you have previously paid.
10. Infringement of Intellectual Property Rights
10.1. If BiP receives a notice alleging that you have engaged in behaviour that infringes BiP’s or any other party’s intellectual property rights, or
reasonably suspects the same, BiP may suspend or terminate your account without notice to you. If BiP suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
11. Patents and Trade Marks
11.1. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of BiP and/or its affiliates. You may not copy, display or use any of these marks without prior written permission of the relevant owner. The Service and/or portions of the Service may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
12. Modifications to Service
12.1. BiP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
12.2. BiP reserves the right to vary the free and paid-for content/features of the Service and does not guarantee that the content/features of the Service provided free of charge will remain free of charge and does not guarantee that the content /features of the Service provided subject to payment will remain a paid–for service.
13. Limited Warranty
13.1. BiP will use reasonable endeavours to make the Service available 24 hours a day during your subscription period. However, BiP will not be liable if for any reason the Service is not available at any particular time or for any reasonable period.
14. End User Remedies
14.1. BiP’s entire liability and your exclusive remedy in the event that a valid claim is made by you to BiP within the terms of the aforesaid warranty shall be, at BiP’s option, the repair, reinstatement or replacement of the Service within a reasonable time.
14.2. If any provision of this Licence is judged to be illegal or unenforceable by a court of competent jurisdiction, the remainder of the provisions of the Licence shall continue in full force and effect.
15. No Other Warranties
15.1. BiP and its licensors disclaim all other conditions or warranties express or implied, statutory or otherwise which are hereby expressly excluded to the extent permitted by law. For the avoidance of doubt, neither BiP nor its licensors warrant the quality or accuracy of any information or documentation resulting from or transmitted using the Service. There is no warranty by BiP or any other party or person that the functions contained in the Service will meet your requirement or that the operation of the Service will be uninterrupted or error free. You assume all responsibility for the selection of the Service to achieve your intended results, and for the installation use and results obtained from it.
16. No Liability for Indirect or Consequential Loss
16.1. Neither BiP nor its licensors shall be liable for any indirect, special or consequential loss, loss of profits, loss of revenue, loss of business,
loss of use, loss of contracts, loss of anticipated savings or for any indirect economic or financial loss whatsoever and howsoever suffered, even if BiP has been advised of the possibility of such damages.
16.2. Nothing in this Licence shall exclude or limit BiP’s liability for death or personal injury or any other liability that cannot be lawfully excluded under any applicable law.
17. Force Majeure
17.1. BiP will not be liable for any delay in performing or failure to perform its obligations under this Licence due to any cause outside BiP’s reasonable control. Such delay or failure shall not constitute a breach of this Licence and the time for performance of the affected obligation shall be extended by such period as is reasonable.
18. Privacy and Cookies
19. Law and Jurisdiction
19.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and any disputes shall be subject to the jurisdiction of the courts of Scotland, unless otherwise submitted by BIP Solutions Ltd.
Supply Terms and Conditions version 2.5 – effective from 4 February 2015