Simplify Tenders (the “Service” “ST”, ) is a web (and mobile-viewable) platform for information and collaboration by “Simplify Tenders Limited (Ireland)” (the “Company” “ST”). Throughout these Terms of Service (TOS), the wording ‘Simplify Tenders’ and ‘ST/we/us/our/site/service’ means Simplify Tenders Limited. And “You/Customer/User/Subscriber” means the other party which is/will be using Simplify Tenders services. By accessing or using this Site, and subscribing to one of the ST Services you accept without limitations or qualifications to be bound by the Terms of Service.
Definitions
1.2 – “Information” refers to all of the information, software and other material provided in connection with or available through the Simplify Tenders Service, including the procurement information, Opportunity Notices that Participating Organizations distribute through the Simplify Tenders Service. 1.5 – “Opportunity Notice/Tender Notice/Tender Publication” refers to a summary in paper or electronic form of the information relating to an intended procurement. 1.6 – “Participating Organization/Public Institution/Institution/Organization” refers to a government department, municipality, municipal organization, school board or publicly funded academic, health or social services entity) or any other public or private organization that issues procurement information which Simplify Tenders publishes on its website.
Payments & Subscription
Payment Policy
Service fees are calculated on a package-plan/per month basis and charged monthly or yearly – depending on the Service Plan and other particulars of the subscription. Fees are specified at the Services interface “check-out” and in the Order Form(s) — and must be paid in advance. Unless otherwise stated, all fees are quoted in EURO or GBP (British Pound). Simplify Tenders fees and rates are exclusive of value added tax, sales tax and other public burdens, save where Simplify Tenders has otherwise explicitly stated. Customer shall be solely responsible for all taxes, duties and burdens that may be levied on its purchase, import, or use of the Service. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Also, your subscription will be renewed automatically, and payment is due in advance by the first day of each billing period, and must be effected by credit card or wire transfer.
Trial Period
In the event that ST offers a trial period, the User will be able to experience, free of charge and for a limited period of time, most of the paid features offered by Simplify Tenders. At the end of your trial period, we will ask you to input or update your payment information in order to continue using the service. After signing up, the user will automatically start receiving daily and weekly tenders in their e-mail. The customer can change their e-mail preferences by requesting in writing to support@simplifytenders.com.
Card and Payment Problems
Customer shall ensure that sufficient funds are available on the relevant account and acknowledges that late payment may result in the suspension of Service or termination of the Agreement. This also includes eventual card cancellations, changes or expiration. Customer should notify Simplify Tenders if they have changed the card information, or if they experience technical problems with billing.
In the event your account becomes past due, your Service may be suspended, the remaining balance will be considered in default, and the entire account balance will become due and owing immediately.
Payment Processing
All payments for the Service are handled by a trusted third-party payment gateway. Simplify Tenders is not responsible for the processing of Customer’s payments and shall not be liable for any matter in connection therewith.
Cancellation & Refund Policy
You can cancel your subscription at any time, instructions for which can be found in the ST web application under Billing or at the Simplify Tenders official website. Feedback for cancelling of an account is displayed in the user interface and before a user sees that notice it must be presumed that an account is not yet canceled. ST shall not be liable if a user has failed to follow the instructions precisely. If you are having trouble, you can also contact Customer Support at Simplify Tenders website or support section inside the platform/web app. A support request, email, telephone call, or written request to cancel your account is not considered cancellation, until you receive a written confirmation from the Simplify Tenders – or you cancel your account inside the app/platform.
Your cancellation will take effect immediately and you will not be charged again. However, no refunds will be issued for any previous charges, in whole or in part. In case there was a pre-payment to your ST account this credit is not refunded, but you are able to continue to use ST until the credit runs out. You will not be charged thereafter. There is no cancellation fee.
Cancelling your account and/or running out of credit will suspend your account. In case of a suspended account you have no access to any data, historic or otherwise. Suspended accounts may be kept for 6 months and can be reactivated during that time by making a successful payment. If an account remains inactive for 6 months, it will be deleted from the Service and it is not possible to recover any data.
Changes to Rates
Simplify Tenders may change the fees, rates and the billing cycle applicable to Customer’s Service Plan upon a month’s notice. If Customer does not agree with the respective change(s), its sole and exclusive remedy shall be to unsubscribe from the Service Plan in question, and will not be charged at all after that point.. The fact of Customer remaining subscribed to the Service Plan after any such change(s) shall be deemed to constitute its consent to the respective change(s).
Recurring subscription
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Automatic Renewal
Your subscription to the Services is for a minimum of the term identified in the service description above. Service fees are subject to change upon renewal of subscription. The renewal of your subscription indicates agreement to any amendments to the Terms of Service and service fee structure. Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Simplify Tenders may be forced to cancel their subscription when it runs out.
Monthly Subscriptions
When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.
Annual Subscriptions
When cancelling an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.
Registration, Users, Eligibility & Content
You must provide your current accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service, including a valid email address. Your display name and other optional information is not obligatory to use the service, and you can input them on your own discretion. As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will need at least an email and a password.
You can warrant other people access to your company account by inviting them to the platform. Each user is responsible and liable for maintaining the security of their login credentials and password. ST will not be liable for any loss or damage from failure to comply with this security obligation. ST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice for any reason.
Users are responsible for their own content and that of third parties that they share through Simplify Tenders, that they upload and post on or through Simplify Tenders, or that they transfer by any other means. Even when content is posted by – or activities being deployed by – others who have accounts under your account. ST can, but has no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Simplify Tenders and hereby indemnify the Simplify Tenders for any liability or claim arising against the Simplify Tenders in connection with illegal distribution of third-party content or unlawful use of the Service.
You shall immediately notify Simplify Tenders by submitting FEEDBACK of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
Privacy, Confidentiality & Data Protection
For information about the use of personal data, Users must refer to the privacy policy of Simplify Tenders.
Change of Account Information
You are responsible for providing your up to date email address to Simplify Tenders, for using the service. You shall immediately notify us of any change of your email address, by contacting us at support@simplifytenders.com. Simplify Tenders shall bear no responsibility or liability for your failure to do so.
Disclaimer and Limitation of Liability
Simplify Tenders is not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this Web site, the Simplify Tenders™ Service, or the reliance on the information it contains. To the fullest extent permitted at law, we provide this website and its contents on an ‘as is’ basis. We reserve the right to publish public information about opportunities or awards from any country of Europe, and we don’t have any political bias or affiliation in showing or publishing tenders from certain countries.
Simplify Tenders assumes no responsibility for the availability, accuracy, completeness or timeliness of any of the Information, or for the fitness of such Information for any particular purpose. This information might also include tender values and due dates, which are information provided by third parties. It is possible for that information to be inaccurate from the third party, or to be processed inaccurately by our system in some cases, and user is required to verify that information independently directly from the Contracting Authority.
Simplify Tenders does not warrant that:
The Service will meet any specific requirements including but not limited to yours; the Service will be uninterrupted, timely, secure, or error-free; the results that are obtained from the use of the Service will be accurate or reliable; the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; any errors in the Service will be corrected.
Simplify Tenders and its officers, directors, employees, agents and subcontractors will not, under any circumstances, be liable to you for damages, including direct, indirect, special or consequential damages, even if Simplify Tenders has been advised of or could have foreseen such damages, arising out of your use of or reliance on the Simplify Tenders Service. Such damages shall include, without limitation, damages in respect of loss of profit, loss of business revenue, failure to realize any expected savings or profits, and any claim made against us by a third party.
You agree that we will indemnify and hold harmless Simplify Tenders and its officers, directors, employees, agents and subcontractors for any loss, damage, cost, expense, liability or claim suffered or incurred by, or made against, Simplify Tenders arising out of our breach of this Agreement, or our fraud, misrepresentation, negligence or willful misconduct in our performance or non-performance under this Agreement, but our liability in any one year under this Agreement will be limited to the value of the charges incurred by us for the Simplify Tenders Service in the twelve (12) months preceding Simplify Tenders’ claim or demand against us.
Links to third party sites
As a useful resource to our visitors, ST provides links to other Web sites. However, certain links on this site lead to resources located on servers maintained by third parties over whom ST has no control. We cannot guarantee, and assume no responsibility, about the accuracy of any Web site to which we provide a link or reference. Links to other sites are provided only as a convenience to users of our site, and you use all such information and Content at your own risk. Links to other Web sites or references to products, services or publications other than those of Simplify Tenders at this Web site do not imply the endorsement or approval by Simplify Tenders of such Web sites, products, services or publications. Simplify Tenders is not responsible or liable for the content presented on these links including advertising claims, endorsements or names.
Proper Use & Restrictions
By accessing or otherwise using the Site, the Services or the Content, you represent and warrant that: (a) you are authorized to form legally binding contracts under applicable law; (b) the information you provide is accurate, current and complete; and (c) you will not use the Site, the Services or the Content for any unlawful or prohibited purpose.
You acknowledge that any of the Information that you receive through the Simplify Tenders Service is owned either by the Participating Organization that issued the Information or by Simplify Tenders.
Subject to your compliance with the terms and conditions of this Agreement, any applicable law and your payment of any applicable fees, ST hereby grants you a limited, non-exclusive, nontransferable license to access and view the text, graphics, data, benchmarks, analytics, business metrics, indicators, data analysis tools, and other information and content that we make available to you through the Services and the Site (collectively, the “Content”) for your internal business analysis and evaluation of procurement matters.
Subject to the restrictions set forth in this Agreement, you may copy and distribute insubstantial amounts of the Content as part of your normal business activities but only to the extent that such distributed Content could not be used by a recipient as a substitute for purchasing user licenses from ST.
You may not (ii) create an account for anyone other than yourself without permission; or (iii) use a username in which another person has rights without such person’s authorization
You may not provide any third parties outside your organization access to the Site, the Services or the Content. You agree you will not sell, transfer or assign your membership or any membership rights. You also agree that you will not use, store, copy, or reproduce the Information, or distribute or disclose it to any third party, except for the sole purpose of having such third party assist you in evaluating an opportunity or preparing a response to an Opportunity Notice.
You may not use the Service for any illegal or unauthorized purpose in any country or jurisdiction (including but not limited to copyright laws).
You may not use the Service for any illegal or unauthorized purpose in Ireland, European Union or your jurisdiction (including but not limited to copyright laws).
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ST customer, employee, member, or officer will result in immediate account termination and even legal action.
You are not allowed to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other ST service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ST.
You will not use any robot, spider, data scraping, crawler or other extraction tool (automatic or manual) or similar device to monitor or copy ST’s web pages or Content contained herein;
Accounts registered by automated methods are not permitted
You will not submit to the Services any virus, Trojan horse, worms,c ancelbots, or any other harmful software code or programming routine that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or intended to allow unauthorized access or produce unauthorized modifications;
You will not submit to the Site, directly or indirectly, any information that violates any copyright, trademark or any other proprietary intellectual property rights of any third party, unless you have obtained permission from such third party and such action would not violate any of the above rights in such property;
You will not submit to the Site, directly or indirectly, any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication.
You may not subscribe for or use the Services or the Content if you are (or your company is) our direct competitor or to monitor or test the availability or performance of the Services, for benchmarking purposes or for competitive analysis. If you violate this Section, and without means of limitation, we may terminate this Agreement and your access to the Services and the Content immediately, and retain any amounts you have prepaid for the Services and the Content.
You will not use any device, software or routine to bypass ST’s robot exclusion headers or meta tags, or to otherwise interfere or attempt to interfere with the proper working of the Site or any transaction being communicated or conducted on the Site, or take any action that imposes an unreasonable or disproportionately large load on ST’s infrastructure; or
If you breach any of the Terms of Service, Simplify Tenders may, in addition to terminating your access to use this Site, issue a warning, temporarily suspend, indefinitely suspend or terminate your subscription and refuse to provide services to you.
Copyright and Trademarks
All the design, text, graphics information and/or documents and/or software/programs/source code contained in the Service, as well as all the elements created for the Service are the reserved property of Simplify Tenders Limited besides third party information such as the actual tenders or projects. And such property is subject to laws of the place of incorporation of the Simplify Tenders, which is Ireland and related international treaties, which protect copyright when they are placed at the disposal of the public on the Site/web app.
No license or right other than that to consult the Service is conferred on anyone with regard to intellectual property rights. Unless expressed to the contrary, the social denominations, logos and brands mentioned in this application are the property of Simplify Tenders. They cannot be used without the prior written authorization of Simplify Tenders.
Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of Irish and European Union laws, trademark and/or copyright laws and could subject the copier to legal action.
Changes to Terms
ST reserves the right to change these Terms of Service from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Service posted on the Site at the time of such use. The Terms of Service supersede any prior agreements between you and ST (including, but not limited to, any prior versions of the Terms of Service).
Governing Law, Contract and Jurisdiction
When using particular Services or the material posted on this Site (“Materials”), or entering sections of the Site reserved strictly for members of ST, you shall be subject to any terms and conditions set out in policies of ST posted on the Site, including, without limitation, the Privacy Policy and other posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in this Agreement. All such policies, guidelines or rules are hereby incorporated by reference into this Agreement.
Prior Agreements
This Agreement supersedes any prior versions of this Agreement governing the Simplify Tenders Service.
Assignment of Contract
Simplify Tenders reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Simplify Tenders.
Legislation
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Simplify Tenders has their registered offices.
The TOS shall be governed and construed in accordance with the laws of Ireland, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and courts located in Ireland with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
Headings
The section titles in the TOS are used solely for the convenience of you and Simplify Tenders and have no legal or contractual significance.
Severability
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force. Termination is in addition to all other legal or equitable remedies available to either party. The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the termination of this Agreement.
Entire Agreement
The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Simplify Tenders, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without Simplify Tenders written authorization.