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Terms And Conditions
1.1. The definitions and rules of interpretation in this clause apply in these Terms and Conditions:
| Additional Terms | The additional terms and conditions (if any) agreed to by the Service Provider and Licensee as set out or referred to in the Order Form including any addendum thereto. |
| Associate | Each and any person or organisation attached to the Service Provider. |
| Agreement | The agreement between the Service Provider and the Licensee, such agreement being embodied in the Order Form, these Terms and Conditions and any Additional Terms. |
| Permitted Use | Use of the Service in accordance with the Agreement. |
| Intellectual Property Rights | All intellectual property rights, including but not limited to copyrights, database rights, patents, trademarks, service marks, whether registered or unregistered, and all applications and rights to apply for the registration of such rights, as well as all other forms of protection of a similar nature or having equivalent or similar effect, existing anywhere in the world. |
| Customer | The organisation, firm, company or other entity to whom the licence in respect of the Service is granted by the Service Provider under the terms of this Agreement and whose details are set out on the Order Form |
| Service Provider | Tender Response Limited, 20 Valley Road Burghfield Common, Reading RG7 3NF |
| Order Form | The online registration form and any associated pages and communications used to sign up for the Service identifying the Customer whereby in any case the Customer’s acceptance has been signified by acceptance of these Terms and Conditions during the email verification and account activation process |
| Service | The software / computer programs described in clause 4 and those listed in the Order Form and all Updates during the Term, any data, text, information and software or other material and all accompanying written materials provided to the Customer under this Agreement |
| Plan Fee | The licence fee payable by a Customer for use of the Service as set out on the Order Form and payable by the Customer to the Service Provider in accordance with Clause 5 for their Plan. |
| Plan Period | The contractual period of time over which a Plan runs, commencing on activation of the Customer’s User account and each anniversary thereof. |
| Plan Renewal Fee | The licence fee payable by a Customer to the Service Provider for continued use of the Service in accordance with Clause 6 |
| Plan | A purchase and agreement made by a Customer to receive and be given access to paid-for Services at a particular Plan Level |
| Customer(s) | The person or persons specifically identified to Tender Response Limited as the named Customer(s) of the Service on behalf of the Customer |
| You / Your | The person signing up to and agreeing to these Terms and Conditions on behalf of and representing the Customer, and therefore by association is interchangeable with “Customer”. |
1.2. The headings used for the clauses in this Agreement are provided for convenience only and shall not influence or affect the interpretation of the Agreement.
1.3. Words in the singular shall include the plural and vice versa.
1.4. Any obligation in this Agreement not to do something includes an undertaking not to permit that thing to be done.
1.5. Any terms or conditions provided by the Customer that contradict or conflict with these Terms and Conditions shall be considered invalid and superseded by the provisions outlined in this document, regardless of whether the Customer’s terms are stated in purchase orders, supplier agreements, or other documentation.
2.1. These Terms apply to users registering to use the service at www.tenderresponse.co.uk
3.1. This Agreement establishes a legally binding contractual relationship between the organization identified as the Customer on the Order Form and the Service Provider, Tender Response Limited, governing the Customer’s use of Tender Response Limited’s’ Service accessible at www.tenderresponse.co.uk
3.2. When a Plan is activated Tender Response Limited, acting as the Service Provider, grants the Customer the right to have a specific number of named Users, identified by unique email addresses, access the Service, with the number of permitted Users determined by the level of the chosen Plan.
3.2. By subscribing to or registering for the Service, you acknowledge and confirm that you possess the necessary authority to enter into this Agreement as a representative of the Customer.
3.3. You are responsible for all usage or activity on the Service.
3.4. As the representative of the Customer, you should carefully review these terms. If the Customer does not fully accept the Terms and Conditions of this License, the Customer is not authorized to use the Service. The act of subscribing to or registering for the Service will be considered acceptance of these Terms and Conditions on behalf of the Customer.
3.5. Tender Response Limited reserves the right to amend the Terms and Conditions at any time. In the event of changes, Tender Response Limited will communicate the revised terms prior to their implementation to ensure the Customer is aware of the latest Terms and Conditions. Continued use of the Service after such notification will constitute acceptance of the modified Terms and Conditions. If the Customer does not agree to any changes, they should inform Tender Response Limited of their intention to cease using the Service. If the changes will have a materially adverse impact on the Customer, Tender Response Limited will inform the Customer accordingly. Failure by Tender Response Limited to provide such notification shall result in the Customer being bound by the terms they agreed to when initially subscribing to the Plan, renewing it, or the most recent revised version they were informed of, whichever is the most recent.
3.6. For the sole purpose of delivering the Services, you hereby grant Tender Response Limited a non-exclusive, royalty-free, global right and license to create archival or backup copies of Your Data. Apart from the rights explicitly granted in this Agreement, Tender Response Limited does not acquire any right, title, or interest in Your Data, which shall remain solely your property.
4.1. The service is an online analytics platform for the UK public sector market. All users will be able to search, view and analyse public sector contracts data and have access market insights including but not limited to and depending on selected Plan:
4.2 Planning Dashboard
This dashboard will provide early visibility into forthcoming public sector opportunities before they are officially announced. It will enable proactive analysis and preparation, enhancing Customer’s competitive advantage.
4.3 Live Opportunity Dashboard
This dashboard will provide real-time access to newly announced public sector contracts, allowing Customer to make agile decisions and respond rapidly to emerging opportunities.
4.4 Tender Dashboard
This dashboard will consolidate all public sector tenders into a unified platform, enabling Customer to visualize trends and streamline decision-making processes.
4.5 Awarded Dashboard
This dashboard will offer market analysis and insights into historic public sector awards, informing Customer’s growth strategies and budget planning.
4.6 Contracts Ending Dashboard
This dashboard will identify recurring procurement contracts nearing their end, empowering Customer to effectively build sales pipelines and model growth strategies.
4.7 Supplier Explorer Dashboard
This dashboard will provide competitive analytics, collaborative partnership identification, and strategic decision-making capabilities based on supplier performance within the public sector.
4.8 Buyer Explorer Dashboard
This dashboard will offer insights into buyer behaviour, procurement methods, and engagement strategy development for Customer to tailor their approach effectively.
4.9 Discover Dashboard
This dashboard will provide complete data access, custom data views, and seamless CRM integration for lead management.
4.11 Reports
Service Provider shall provide the following suite of in-depth reports to Customer:
4.12 Simple Report
Single query, 2 dimensions, historic data, 30-minute discovery sessions, PDF and CSV outputs.
4.13 Complex Report
3 queries, 2 dimensions, historic data, 30-minute discovery sessions, PDF and CSV outputs.
4.14 Insights Report
5 queries, multiple dimensions, historic/live/future data, 1-hour discovery sessions, multiple PDF and CSV outputs.
4.15 Insights+ Report
10 queries, multiple dimensions, historic/live/future data, 1-hour discovery sessions, multiple PDF and CSV outputs.
5.1. The Customer’s Plan will begin on the date specified in the order form, upon which the User accepts the terms and conditions, and will remain in effect for the duration agreed upon in the order form.
5.2. The first Plan Period will be charged at the fee indicated in the Order Form.
5.3. Any optional additional upgrade services selected at the commencement of the Plan will be charged at their full cost, unless otherwise stated in the Order Form. The charge for any optional additional upgrade services selected after the Customer’s Plan has started will be prorated to align with the remaining Plan period and, where purchased, will become part of the Plan. The Plan will continue for subsequent periods (invoiced at the full Plan Fee upon renewal) until the Customer requests to terminate the Plan or downgrade from an optional upgrade service, via the Service. Such termination or downgrade will take effect at the end of the ongoing Plan period.
5.4. By providing credit or debit card information, you warrant that you are authorized to purchase the paid content using those payment details. In the event of an unauthorized payment, Tender Response Limited reserves the right to suspend or terminate your access to the paid service. If payment authorization is not received or is subsequently cancelled, Tender Response Limited may immediately terminate or suspend access to any paid service.
5.5. For all Plans outside the United Kingdom, payment must be made via bank transfer or Credit Card upon completion of the Plan activation process.
5.6. “If a credit account has been approved, payment for the invoiced amount must be made within 30 days from the date of the invoice.”
5.7. The Service Provider reserves the right to increase the cost of the Services provided to you. Any such price increase will only take effect from the next renewal date of your Plan.
6.1. If you have purchased a Plan or received any upgrades or options free of charge, your Plan will automatically renew on the same package at the applicable list price at the time of renewal.
6.2. If you do not provide the thirty (30) days written notice as described in clause 8, your Plan will automatically renew for the same duration as the original Plan Period.
6.3. Where the Service Provider has granted a credit account you will be invoiced at renewal date
7.1. You can cancel the service at any time up to 30 days prior to renewal by emailing accounts@tenderresponse.co.uk
7.2. Cancellations will only take effect at the end of the ongoing Plan period. The Customer will remain a subscriber to the service until the conclusion of the current Plan Period and will continue to receive the service(s) for the remainder of that Plan Period.
7.3. Where full payment of the current Plan Period has been received, no refunds will be due or given. Where full payment of the current Plan Period has not been received, any outstanding fees may become payable depending on the period where cancellation notification was communicated.
7.4. If the Customer wishes to terminate the service in advance of the end of the Plan Period, then in progress, the Customer must request Early Service Termination (see Clause 8).
8.1. If the Customer does not wish to continue receiving the service(s) for the remainder of the current Plan Period, Early Service Termination must be requested. Requests for Early Service Termination must be confirmed in writing via email to Tender Response Limited accounts@tenderresponse.co.uk before they can be processed.
8.2. It is the Customer’s responsibility to ensure that the notification is emailed correctly as Tender Response Limited cannot be held responsible for non-receipt. If the Customer does not receive confirmation within two working days that the email has been received, the Customer shall contact Tender Response Limited immediately.
8.3. In all cases the full Plan Fee invoiced will become payable, subject to the following:
8.3.1. New subscribers may cancel within 14 days of the Plan start date and a full refund. Cancellations after 14 days from the Plan start date will be reviewed on a case-by-case basis and could be subject to paying part balance based on usage to date.
8.3.2. Renewing subscribers may request early service termination within 30 calendar days of the start of the new Plan Period. Such requests may be subject to an early termination based on usage to date Settlement of such fee must be made within 35 calendar days from the start of the new Plan Period, otherwise the Customer will become subject to further payment based on access.
8.3.3. Once payment in accordance with the Early Service Termination fees stipulated above is received, a refund will be issued for any balance outstanding.
8.3.4. All invoices for Plans are due for payment 30 days from invoice date, unless otherwise agreed by Tender Response Limited in writing. Payment will be deemed to be late if payment is still outstanding after this default credit period of 30 days.
9.1. Failure to make full payment within 30 days of invoice date, or failure to make instalment payments as agreed in writing with Tender Response Limited, can result in the service being suspended until payment is made. Should the service be resumed, the period of time for which the Plan has been suspended will not be added to the Plan period.
9.2. Any invoice outstanding beyond the periods stipulated above 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 Customer and will be legally enforceable.
9.3. Should the Customer seek termination of the Plan before the end of the Plan Period then in progress and a payment remains outstanding, this request will be subject to the Early Service Termination clauses (see Clause 8).
10.1. The Customer acknowledges that this Licence is granted solely to named Users 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 except with the express permission of Tender Response Limited. In the event that the Customer wishes to change the named User, it must notify Tender Response Limited in writing and Tender Response Limited shall implement the change on behalf of the Customer.
10.2. Any data export of the Service is subject to the requirements and restrictions of fair use policy.
10.3. The Customer(s) may configure the Service for the User’s own use provided it is in support of the Customer’s Permitted Use.10.4. Under no circumstances shall Tender Response Limited, nor its Associates, 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 Service.
10.4. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any Unpermitted Use thereof is strictly prohibited. Tender Response Limited shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. Tender Response Limited 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.
11.1. Tender Response Limited’ fair and acceptable usage policy is designed to make sure the Service provided to You delivers value, is fast and reliable. The list under Clause 12.2 below details all the uses of the Service that Tender Response Limited considers to be unfair or unacceptable. You must ensure that any use of the Service, by You complies with this policy. If You contravene this policy, Tender Response Limited may (a) give You notice to stop the unacceptable use(s), or (b) terminate or suspend Your Service with or without notice as we consider appropriate under this agreement.
11.2. You shall not use the Service for:
11.2.1. Unlawful, fraudulent, criminal or otherwise illegal activities.
11.2.2. a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person.
11.2.3. Activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person.
11.2.4. Anything that may disrupt or interfere with Tender Response Limited’ network or Service or cause a host or the network to crash.
11.2.5. Granting access to the Services to others who are not authorised Permitted Users, or in any way reselling or re-providing the Service to third parties12.2.9. Making excessive use of or placing unusual burdens on the service.
11.3. You are responsible for all uses made of the Service through Your account and for any breach of this policy whether an unacceptable use occurs or is attempted, whether You knew or should have known about it, whether or not You carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that Tender Response Limited is not responsible for any of Your activities in using the Service.
11.4. If Tender Response Limited feels that Your activities are so excessive that other customers are detrimentally affected, Tender Response Limited may give You a written warning (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, Tender Response Limited may terminate or suspend Your Service.
12.1. The Service may present links to third party websites not owned or operated by Tender Response Limited. Tender Response Limited is not responsible for the availability of these sites or their content.
12.2. The original (or source) data provided within the Service is created and published by third parties (e.g. local authorities or central government departments). Tender Response Limited is not responsible for any omissions or inaccuracies in the original or source data, and will not be held liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) that arise from its use. Any questions regarding the accuracy or completeness of the original or source data should be directed to the originators of such materials.
13.1. In the event that Tender Response Limited considers or determines, in their discretion, that the Customer has breached, violated or contravened any provision of this Agreement or have otherwise demonstrated inappropriate conduct in the use of the Service, Tender Response Limited reserves the absolute right, at its sole discretion to:
13.2. If Tender Response Limited terminates this Agreement or suspends the Customer’s User account(s) for any of the reasons set forth in this Agreement, Tender Response Limited shall have no liability or responsibility to the Customer, and Tender Response Limited will not refund any amounts that the Customer has previously paid.
14.1. 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 Tender Response Limited and/or its Associates. The Customer 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.
15.1. Tender Response Limited 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 the Customer, without any liability to the Customer or to any third party.
16.1. Tender Response Limited will use reasonable endeavours to make the Service available 24 hours a day during the Customer’s Plan period. However, Tender Response Limited will not be liable if for any reason the Service is not available at any particular time or for any reasonable period.
17.1. Tender Response Limited’ entire liability and the Customer’s exclusive remedy in the event that a valid claim is made by the Customer to Tender Response Limited within the terms of the aforesaid warranty shall be, at Tender Response Limited’ option, the repair, reinstatement or replacement of the Service within a reasonable time.
18.1. Tender Response Limited and its Service Providers 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 Tender Response Limited nor its Service Providers warrant the quality or accuracy of any information or documentation resulting from or transmitted using the Service. There is no warranty by Tender Response Limited or any other party or person that the functions contained in the Service will meet the Customer’s requirement or that the operation of the Service will be uninterrupted or error free. The Customer assumes all responsibility for the selection of the Service to achieve the Customer’s intended results, and for the installation use and results obtained from it.
19.1. Neither Tender Response Limited nor its Service Providers 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 Tender Response Limited has been advised of the possibility of such damages.
20.1 Tender Response Limited will not be liable for any delay in performing or failure to perform its obligations under this Licence due to any cause outside Tender Response Limited’ 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.
21.1. This website uses cookies to store information on Users’ computers. Most of these cookies are essential to make the site work and have already been set. Others help Tender Response Limited to improve the service by giving some insight into how the site is being used. Tender Response Limited’ Privacy Policy details the cookies that are set and the information they store.
21.2. By using the Service and/or by accepting these Terms and Conditions the Customer also accepts Tender Response Limited’ Privacy Policy.
22.1. Tender Response Limited operates the Service from its headquarters in the United Kingdom and makes no representation that it is appropriate or available for use in other locations.
22.2. The Customer acknowledges and agrees that Materials are subject to Scottish laws and Regulations. Diversion of such Materials contrary to Scottish law is prohibited.
23.1. 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 Tender Response Limited Ltd.
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