The following key conditions apply to the services
offered by tender manager.
- Authority to reproduce
documents:
- It is the
responsibility of our customers to obtain authority to
upload the documents onto this website.
- Tender manager accepts
no responsibility or liability for failure on the part of
the customer in the failure of obtainment of such
permissions.
- Tender manager does not
upload onto this website files of a sensitive nature, which
includes but is not limited to detention centres, police
stations, prisons, secured establishments, embassies and
high commissions, military establishments, Royal Households
and palaces without written permission of the tendering
authority. We reserve the right to refuse without
reason details of files submitted to be included on this
website that are not published.
- Multiple company uploads
for same tender document :
- Where one or more
company have the same project to upload and or publish.
It is not permitted or authorised by tender manager for a
company to use the documents of another.
- Copyright:
- Unless otherwise
explicitly stated, material on the tender manager web
service or systems, including but not limited to text,
photographs, video, audio and graphics, is protected by
copyright, irrespective of whether a copyright symbol and
statement are present. The copyright and all other rights
in the material on this Web site are owned by Fastrack
tenders limited or are included with the permission of the
owner of the rights.
- You are authorised to
download material on this Website for use only in connection
with the publication of and response to tender notices, you
may not in so doing remove or amend any trademark, copyright
or other proprietary notice.
- Subject to the above,
you may not modify, copy, distribute, republish or upload
any of the material on this Website without the prior
written consent of Fastrack tenders limited. No intellectual
property or other rights shall be transferred to you.
- You may not include a
link to the tender manager Web Site or display the contents
of it surrounded or framed or otherwise surrounded by
material not originating from Fastrack tenders limited
without prior written consent.
- Information & availability:
- Whilst we take every
care to ensure that the information published is accurate
and complete, some files may be supplied by third parties.
Tender manager are unable to check accuracy or completeness.
You are advised to verify the accuracy of any information
before relying on it.
- On this Web site you
may be offered automatic links to other Web sites. Whilst we
trust you will be interested in those Web sites, you
acknowledge that their owners may be independent from tender
manager who does not endorse or accept any responsibility
for their content.
- Due to the inherent
nature of the Internet, errors, interruptions and delays may
occur in the service at any time. Accordingly, this service
is provided "AS IS" without any warranties of any kind and
we do not accept any liability arising from any inaccuracy
or omission in the information or interruption in
availability.
- Tender manager shall make every
endeavour to assure availability of its online service.
- Service availability
shall be judged by access to the services from the
Publishers
- Tender manager shall
not be liable for service interruptions caused by carrier or
telecommunications network failures. These are beyond our
control and are not consequential liabilities owned by
Tender manager.
- Data Protection & Security:
- Tender manager abides
by and is governed by current data protection legislation of
England;
- Where
the services require user registration, under no
circumstances may this registration data (username or
password) be given to or used by any other person other than
the registered user;
- Tender manager uses
reasonable endeavours to ensure that the Web site does not
contain or promulgate any viruses or other malicious code.
However it is recommended that you should virus check all
materials downloaded from the Web site and regularly check
for the presence of viruses and other malicious code.
Tender manager exclude to the fullest extent permitted by
applicable laws all liability (other than liability for
death or personal injury) in connection with any damage or
loss caused by computer viruses or other malicious code
originating or contracted from the Web site
- Indemnification:
By providing information to tender manager in whichever form or
media it may be provided as a request to display this
information on a tender manager website available to your
customers, supply chain members and any other not described
herewith. You are granting Fastrack tenders limited t/a
tendermanager full permission to replicate this information on
your behalf and to display such information for your commercial
purpose without risk to Fastrack tenders limited t/a
tendermanager without the risk of breach to copyright.
Your instruction to us to display such information on your
behalf with indemnify fastrack tenders limited t/a tendermanager
from all breaches of copyright from the display of material
provided by your organisation.
- Intellectual Property
Rights
- You will not do, or
permit to be done, anything that may detrimentally affect
our copyright, trade marks or any other intellectual
property rights associated with this website and the
services it offers.
- Contract Process
- Where you submit your
order on this website or by emailing or posting your order
directly to
admin@fastracktenders.com:
- You will receive an
electronic confirmation of receipt of your order and of
the details of your order as soon as is reasonably
practicable.
- You will be
notified separately if your order cannot be fulfilled
for any reason.
- If at any time you
wish to alter the details of your order, please contact
customer services via email to
admin@fastracktenders.com
- No binding contract
is formed until tender manager
has placed the Order in its order processing system;
once so placed you will not be able to alter the details
of the order.
- Where you do not
accurately describe the requirements of your upload, tender
manager
will use its reasonable endeavours to supply the correct
upload of information as per its interpretation of your
requirements. You shall not rely on the tender manager
skill and judgment in selecting the appropriate upload.
- Credit terms:
- Unless you have a
credit account, documentation will only be placed live on
the site upon completion of payment processing.
- Customers may apply for
a credit account after completion of 1 successfully
processed standard upload. Terms of credit accounts will be
strictly 21 days Nett.
- Credit customers'
documents are likely to be available online up to 72 hours
before competitors' documents.
- Payment
- You shall pay within 28 days unless agreed otherwise in writing.
- If You do not pay any
sums due hereunder by the due date for payment, we
may charge interest on any outstanding amount at the rate of
4% per month above the base rate of the Bank of England from
the due date for payment to the date payment is made.
- All payments shall be
made in £ sterling
- Return/disposal of
documents:
- If you require the
return of your documents you must enclose a fully paid and
addressed suitably sized envelope for recorded delivery
return to your business.
- If a prepaid envelope
is not contained with your submission ALL documents will be
destroyed within 72 hours of live upload.
- Cancellation of Order
- Orders may not be
cancelled once your documentation has been received
- Variation of This Agreement
-
We reserve the right to vary the terms and conditions of this
Agreement from time to time. Such variations become
effective immediately upon the posting of the varied
Agreement on the Web site. By continuing to use the Web site
you will be deemed to accept such variations.
- No warranty
-
We make no representations or warranties with respect to this
website or its contents, which are provided for use "AS IS.”
-
Tender manager
disclaims all warranties, express or implied, including
without limitation the implied warranties of title,
non-infringement, merchantability, quality, and fitness for
a particular purpose, with respect to the website and any
website with which it is linked.
-
Tender manager
also makes no representations or warranties as to whether
the information accessible via this website, or any website
with which it is linked, is accurate, complete, or current.
It is your responsibility to evaluate (or take professional
advice on) the accuracy and completeness of all information,
opinions and other material on this Website or any Website
with which it is linked.
- Price information is
subject to change without notice.
- Your statutory rights
as a consumer, if any, are not affected by these provisions,
and we
do not seek to exclude or limit liability for fraudulent
misrepresentation.
- Exclusion of Liability:
- To the fullest extent
permitted by applicable laws, Fastrack tenders limited
on behalf of its employees, agents, suppliers, and
contractors exclude liability for any losses and expenses of
whatever nature and howsoever arising, including without
limitation any direct, indirect, special, punitive, or
consequential damages, loss of use, loss of data, loss
caused by a virus, loss of income or profit, loss of or
damage to property, claims of third parties, or other losses
of any kind or character, even if we have been advised of the possibility of such damages or
losses, arising out of or in connection with the use of this
Website or any Website with which it is linked. You assume
total responsibility for establishing such procedures for
data back up and virus checking as you consider necessary.
- Communications
- Other than in respect
of placing Orders, any notices, request or other
communication required under these Terms and Conditions
shall be in writing, and may be delivered by post or
facsimile.
- Notices will be deemed
to be delivered within 48 hours of posting where they are
delivered by ordinary first class mail from within the UK
and within five working days of posting where there are
delivered by air mail from outside of the UK or, where they
are sent by fax, on receipt of a successful facsimile
transmission report.
- Notices shall be
delivered to Tender manager
at the contact address set out in this website and to you at
the address to which the invoice is sent or such other
address as either party notifies from time to time.
- These Terms and
Conditions are written in the English language and all
notices and communications shall be in the English language.
In the event that these Terms and Conditions are translated
into another language, the English language text shall
prevail.
- Headings
- The headings used in
these Terms and Conditions are for guidance only and shall
not affect the interpretation of these Terms and Conditions.
- Waiver & Severability
- Any failure by Tender
manager
to exercise or delay in exercising any of its rights or
remedies under these Terms and Conditions does not
constitute a waiver of such rights or remedies.
- If any provision of
these Terms and Conditions is found by a court or
administrative body of competent jurisdiction to be invalid
or unenforceable, it shall not affect the other provisions
of these Terms and Conditions which shall remain in full
force and effect.
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