Terms & Conditions of our Online Tendertracker

AGREED TERMS

Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).

  1. ABOUT US
    1. Company details.ESS Assist Ltd (company number 9993088) (we and us) is a company registered in England and Wales and our registered office is at 33 George Street, Wakefield, WF1 1LX. We operate the Website www.essassist.co.uk.
    2. Contacting us.To contact us telephone our customer service team at (01977) 705203 or e-mail info@essassist.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 16.2.
  2. OUR CONTRACT WITH YOU
    1. Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    2. Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    3. These Terms and the Contract are made only in the English language.
    4. Your copy. You should print a copy of these Terms or save them to your computer for future reference.
  3. ACCESSING THE TENDER TRACKER
    1. Accessing The Tender Tracker. Please follow the onscreen prompts to request access. You may only submit request by using the method set out on the site. Each request is an offer by you to access the services specified in the request (Services) subject to these Terms.
    2. Correcting input errors. Our request process allows you to check and amend any errors before submitting your request to us. Please check your request carefully before confirming it. You are responsible for ensuring that your request is complete and accurate.
    3. Acknowledging receipt for request to access. After you place your request, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your request has been accepted. Our acceptance of your request will take place as described in clause 3.4.
    4. Accepting your request. Our acceptance of your request takes place when we send an email to you to accept it (Request Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence, and it is from this date that your minimum 30 Day Free Trial will commence. The Contract will relate only to those Services confirmed in the Request Confirmation.
    5. If we cannot accept your request. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your request. If you have already paid for the Services, we will refund you the full amount.
    6. We can only give one minimum 30 Day Free Trial free access to the tender tracker per in corp company
    7. Individuals are not permitted to access the tender tracker
    8. We reserve the right to withhold access to the tender tracker for any reason. There is no appeals procedure.
  4. CANCELLING YOUR ACCESS
    1. Once your 30 Day Free Trial has ended you will be automatically subscribed to our Services for a minimum 12 month period.
    2. If you cancel your subscription during your minimum 12 month period you agree reimburse ESS Assist Ltd (company number 9993088) the balance remaining from the annual monthly subscription amount (£39.99×12 months plus vat)
    3. If you cancel your subscription during your minimum 12 month minimum period and have accessed the ESS Assist online learning discounted training as part of your initial welcome offer to the Tendertracker you agree to reimburse ESS Assist for the full commercial amount of the training credits plus vat accessed as advertised on the ESS Assist Online Training Platform.
    4. Your subscription will automatically renew for a further 12 months minimum subscription. You have the opportunity to cancel the Contract at this time.
    5. To cancel your subscription within the 30 Day free Trial Period you must email us at info@essassist.co.uk.  Please include details of your order to help us to identify it.
  5. OUR SERVICES
    1. Any descriptions on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
    2. Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill although we cannot guarantee the accuracy of the information which we supply as part of our Services.
    3. Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Request Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
  6. YOUR OBLIGATIONS
    1. It is your responsibility to ensure that:
    2. the terms of your request are complete and accurate;
    3. you co-operate with us in all matters relating to the Services;
    4. you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
    5. the information which we supply to you as part of our Services remains with you and is not shared with any third party.
    6. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1:
    7. we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 14 (Termination);
    8. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
    9. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  7. CHARGES
    1. In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7.
    2. The Tender Tracker Access Charges are the prices quoted on our site at the time you submit your order.
    3. We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 1.1 for what happens if we discover an error in the price of the Services you requested.
    4. We reserve the right to increase the Charges on an annual basis with effect from each anniversary of the Commencement Date.
    5. Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
  8. HOW TO PAY
    1. Payment for the Services is in advance. We will take your payment after your 30 day free trial and you have agreed to purchase our tender tracker service. We will either take a one-off payment from you for the 12 months subscription or your first payment if you are paying in monthly instalments.
    2. You can pay for the Services using third party payment gateways, such as Stripe and Paypal, who will utilise your credit card and other payment information in accordance with their respective privacy policies. The following cards are accepted:
      • Visa/Delta/Electron
      • MasterCard/Eurocard
      • Maestro
      • American Express
    3. If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 14 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.3 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
    4. You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  9. COMPLAINTS
    1. If a problem arises or you are dissatisfied with the services, we ask you to contact us by emailing us at info@essassist.co.uk.
  10. INTELLECTUAL PROPERTY RIGHTS
  1. All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
    1. HOW WE MAY USE YOUR PERSONAL INFORMATION
      1. provide the Services;
      2. process your payment for the Services; and
      3. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
    2. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

Nothing in the Contract limits or excludes our liability for:

  1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation; or
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

Subject to clause we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  1. loss of profits;
  2. loss of sales or business;
  3. loss of agreements or contracts;
  4. loss of anticipated savings;
  5. loss of use or corruption of software, data or information;
  6. loss of or damage to goodwill; and
  7. any indirect or consequential loss.
  8. Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of Statutory duty, or otherwise, will be limited to 50% of the total Charges paid under the Contract.
  9. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
  10. This clause 12 will survive termination of the Contract.

 

  1. CONFIDENTIALITY
    1. We each undertake that we will not at any time during the Contract and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause
    2. We each may disclose the other’s confidential information:
    3. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
    4. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    5. Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
  2. TERMINATION
    1. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
    2. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
    3. you fail to pay any amount due under the Contract on the due date for payment;
    4. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
    5. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
    6. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    7. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    8. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  3. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
    3. we will contact you as soon as reasonably possible to notify you; and
    4. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
    5. You may cancel the Contract affected by an Event Outside Our Control that has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
  4. COMMUNICATIONS BETWEEN US
    1. When we refer to “in writing” in these Terms, this includes email.
    2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by email.
    3. A notice or other communication is deemed to have been received at 9.00am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
    5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  5. ASSIGNMENT AND TRANSFER.
    1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
    2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    3. Any variation of the Contract only has effect if it is in writing and signed
      by you and us (or our respective authorised representatives).
    4. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    5. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    6. Third-party rights. The Contract is between you and us. No other person has any right to enforce any of its terms.
    7. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.