Service Licence

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 BiP's subscription Service available at www.tendermatch.co.uk.

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.

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.

BiP reserves the right to amend the Terms and Conditions at any time. If you currently subscribe to the Service, any changes to the Terms and Conditions will be effective seven (7) calendar days from our dispatch of an email notice to you. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by them.

By registering to Tracker you will also benefit from automatic registration to free Select services, available within the Delta-ets community portal.

If you do not agree to or cannot comply with these terms, you must stop using the Service and, if applicable, cancel your subscription.

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Grant of Licence

BiP grants your organisation the right to have one user (identified by email address) per account of the Service 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.

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The Service

Tracker is a daily alert service available each working day (excluding bank holidays), that provides access to contact information from your chosen region(s). As a Tracker user you will also receive access to the Tracker online portal where you may tailor your alert profile to your specific business interests and gain access to online procurement tools and resources.

Tracker also provides access to contract information outside your chosen region. On your chosen subscription level, you may see restricted or limited information relating to these additional regions and/or tiers of service.

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.

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Terms of Business

Trial

As a trial user, your one–month free trial will commence from the date of your trial application. Following your trial period, you will be enrolled as an annual subscriber to the Tracker Alert service for a minimum period of one year, unless BiP receives your written request to cancel prior to the end of your trial period in which case your subscription will not be processed. Any optional additional upgrade services still selected at the point of progression to an annual subscription will be included in your subscription. To ensure that BiP Solutions Ltd receives your request to cancel, please send an email to cancellations@bipsolutions.com or a letter by registered post to BiP Solutions Ltd., Medius, 60 Pacific Quay, Glasgow G51 1DZ.

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Annual Subscriptions

If you enrol on an annual subscription following a trial period, your subscription will commence from the date of conversion for a minimum period of one year. Any optional additional upgrade services selected at the point of enrolment will be included in your subscription. If you enrol directly on the annual subscription without taking a trial, your subscription will commence from the date of enrolment and will continue for a minimum of twelve months.

Your first year's subscription will be charged at the discounted first–period fee indicated in the registration process. Any optional additional upgrade services selected at the point of enrolment will be charged at their full cost, unless stated otherwise in the registration process. The charge for any optional additional upgrade services selected post–enrolment will be pro–rated to fall in line with your annual subscription period. Your subscription will continue thereafter for further such annual periods (to be invoiced at the full annual subscription fee, following renewal) until BiP receives your written request to terminate your subscription or downgrade from an optional upgrade service, this to be effective as from the end of the annual subscription period then in progress.

Any optional upgrade services made available free of charge during the trial period and/or your first annual subscription will become chargeable upon renewal. Charges for optional upgrade services not available during trial but available to be purchased by annual subscribers will be pro–rated to fall in line with your annual subscription rate and, where purchased, will form part of your annual subscription.

A number of services available for purchase in conjunction with an annual Tracker subscription are also available for purchase individually. Should you purchase one or more of these services outwith an annual Tracker subscription, these will be treated as separate annual subscriptions. Your subscription will commence from the date of purchase for a minimum of twelve months. Your subscription to these services will continue thereafter for further such annual periods (to be invoiced at the full annual subscription fee, following renewal) until BiP receives your written request to terminate your subscription, this to be effective as from the end of the annual subscription period then in progress.

Should you cancel during a subscription year, full payment will be due and any special offer discount will no longer apply. If you do not wish to receive the service for the full subscription year, you may instead elect to opt out by paying a cancellation fee of 25% of the full annual subscription fee, plus the amount due for all services received to date of settlement, calculated using the appropriate day rate(s) for the service(s).

• Single Alert price is £20 plus VAT per day
• Market Monitor price is £10 plus VAT per day
• Additional Email / Profile is £10 plus VAT per day

There is no elective payment structure for the Archive service; full settlement for the year (s) purchased is required on all occasions.

Please note that the calculated amount may be in excess of the annual subscription fee, due to the substantial discount offered to annual subscribers.

Under the terms of The Late Payment of Commercial Debts (Interest) Act 1998, BiP retains the right to charge interest on overdue accounts at the rate of 8% above base rate.

All subscriptions outside mainland Britain must be paid by Cheque or Credit Card with application. Applications may be subject to credit checks.

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Other Restrictions

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.

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.

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.

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Your Use of BiP Websites and Web–Based Elements of the Service

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.

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.

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.

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Links to Third Party Sites

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.

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Promotions and Advertising

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

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Consequences of Breach of these Terms

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
(d) terminate this Licence with immediate effect.

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.

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Infringement of Intellectual Property Rights

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.

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Patents and Trade Marks

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.

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Modifications to Service

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.

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.

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Limited Warranty

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.

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End User Remedies

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.

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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No Other Warranties

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.

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No Liability for Indirect or Consequential Loss

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.

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.

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Force Majeure

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.

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Law and Jurisdiction

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.

Tracker Terms and Conditions version 2 – effective from 25th February 2010