Terms and Conditions

1. Supply2Defence 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.supply2defencetenders.com
    • 1.2. Upon completion of your registration, your subscription (whether you have opted for a free or paid-for subscription) to the Service will commence and you will be granted 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 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 these 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 named user of the Service (identified by an email address that specifically identifies the user) per registration and/or subscription (hereinafter “Authorised Use”) unless your subscription explicitly allows multiple users (multiple email addresses). You may not use, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Service, except as permitted here under 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. Supply2Defence (S2D) 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. Supply2Defence gives users access to:
      • Free daily email alerts containing relevant contract opportunities in the Defence and Blue Light sector. Alerts are available each working day (excluding UK bank holidays) and provide access to Defence and Blue Light contract information and any additional packages you opt to subscribe to.
      • The S2D 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. S2D also provides access to contract information outside Defence and Blue Light via optional upgrades. Depending on your chosen or current subscription level, you may therefore see restricted or limited information relating to these additional packages.
    • 3.4. Full access to additional packages will 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. Any request to stop sending email alerts will not stop emails in connection with the renewal of your subscription and any associated payments.

4. Terms of Business - paid-for subscriptions

      • 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 paid-for subscription, whether as part of any promotional offer or otherwise, the discount will not apply beyond the current paid-for 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. You may opt for an annual subscription to be paid monthly by card (see clause 4.2.5). The subscription period is twelve (12) months and the subscription cannot be cancelled during that term.
      • 4.2.5. 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 periodic paid-for subscription renewals.
      • 4.2.6. 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 helpdesk@supply2defencetenders.com. 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.
      • 4.2.7. 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.
      • 4.2.8. Where the option to pay by invoice is available on annual paid-for subscriptions, 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.
      • 4.2.9. 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.
      • 4.2.10. 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. Downgrading to lower paid-for or free Services
      • 4.3.1. Should you wish to downgrade from one or more of your paid-for elements of the Service, you may submit a request via the online Service.
      • 4.3.2. Downgrade requests will take effect from the end of your paid-for subscription term then in progress.
      • 4.3.3. In any case, 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 of Free Services
      • 4.4.1. Should you wish to cancel all access to the free service, you must submit a request in writing to helpdesk@supply2defencetenders.com.
    • 4.5. Renewals
      • 4.5.1. Pursuant to 4.1.1 and 4.1.2, a monthly paid-for subscription will continue to renew until you elect to downgrade in accordance with clause 4.3. Should you fail to pay your renewal fee, your paid-for subscription will be downgraded immediately.
      • 4.5.2. Where you have purchased an upgrade on an annual paid-for subscription, 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 paid-for subscription. The periodic fee for your selected services will be debited from your card on the renewal date and your paid-for subscription will be renewed automatically using the card details from your most recent previous transaction.
      • 4.5.3. Where continuous payment authority is not applicable, your paid-for subscription will continue as per clause 4.1.2.
      • 4.5.4. Where the option to pay by invoice is available, pursuant to Clause 4.2.7, you will be invoiced for the paid-for 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, 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. Exporting, or extracting BiP data from this website into other databases is expressly prohibited as is the reselling of BiP 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 shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. BiP 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.
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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

    • 18.1. This website uses cookies to store information on your computer. Most of these cookies are essential to make the site work and have already been set. Others help us to improve by giving us some insight into how the site is being used. Our Privacy Policy details the cookies that we set and the information they store.
    • 18.2. By using our site and /or accepting these terms and conditions you are also accepting our Privacy Policy. Our Privacy Policy can be found here.

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 2.0 – effective from 24 November 2020