Bid Masters Academy Terms of Business
STANDARD TERMS & CONDITIONS
1. Definitions
In these terms, the following words and expressions will have the meanings assigned here:
Business Agreement: Refers to the Business Agreement – Quote Form outlining the service details to be provided and signed by the Provider.
Business Day: A day excluding Saturday, Sunday, or public holidays in England, when banks in London are open.
Client Materials: All materials, equipment, tools, specifications, and data provided by the Client to the Provider.
Contract: The agreement between the Client and the Provider for services, encompassing the terms stated in these Standard Terms and the Business Agreement.
Days: Refers to calendar days.
Deliverables: All documents, products, and materials developed by the Provider or its agents as part of or in connection with the Services.
Intellectual Property Rights (IPR): All registered or unregistered patents, trademarks, trade names, copyrights, design rights, know-how, and other intellectual property rights.
Provider IPRs: All Intellectual Property rights residing in the Deliverables, excluding Client Materials.
Standard Terms: These Terms and Conditions 2023, as periodically updated per Clause 19.
Term: The duration as determined by Clause 2, which may be a fixed term or any subsequent annual period.
Year: A period of 365 days, excluding UK public holidays and the time between December 22 and January 5.
Client: The individual or entity to whom services are provided. Provider: Refers to the service provider, Bid Masters Academy.
2. Duration
2.1 The Contract begins on the Commencement Date or the day services start. It will continue until terminated per these Standard Terms.
3. Services
3.1 The Provider will deliver the Services starting from the Commencement Date.
3.2 The Client agrees that the services are based on applicable laws in England and Wales and that the Provider accepts no liability for work completed outside these jurisdictions unless specified and signed by a Provider Director.
3.3 In providing the Services, the Provider shall:
- Perform the Services with reasonable care and skill.
- Strive to meet the service descriptions in the Business Agreement.
- Comply with relevant laws and regulations, with no liability for contractual breaches caused by compliance.
- Follow all communicated health, safety, and security guidelines when on the Client’s premises without incurring liability for any breach resulting from such compliance.
- Handle all Client Materials carefully, making them available for Client collection upon reasonable notice; the Provider may dispose of materials if unclaimed within a reasonable period following Contract termination.
4. Client Obligations
4.1 The Client agrees to:
- Cooperate with the Provider for all service-related matters.
- Meet requirements specified in the Business Agreement.
- Provide timely access to premises, data, and facilities needed for service delivery.
- Ensure accuracy of all provided information.
4.2 If any act or omission by the Client delays or prevents service delivery, the Provider:
- Will not be liable for resulting costs or losses to the Client.
- Retains the right to payment for delayed services.
- May recover costs incurred due to the delay.
5. Charges
5.1 Charges are specified in the Business Agreement, with payment agreed upon per these Standard Terms.
5.2 All stated Charges include VAT
5.3 The Client may not offset any sum owed under this Contract against other claims.
6. Payment
6.1 Payments must be made per the Business Agreement’s terms.
6.2 Unless otherwise agreed in writing, payments are due via electronic transfer within seven days of the invoice date.
6.3 Timely payment is essential.
6.4 Overdue amounts are subject to a daily interest rate of 2% above the Royal Bank of Scotland’s base rate.
6.5 In the event of non-payment, the Provider may:
- Suspend service performance.
- Cease service provision if additional costs will be incurred.
- Recover all legal and administrative fees associated with payment recovery, payable immediately upon notice.
6.6 Payments over 30 days overdue will cause the full remaining contract balance to become due immediately.
6.7 Invoice queries must be raised by the Client within seven days of receipt.
6.8 Website transactions are made via the third party payment provider and transactions may show up as Bid Masters Academy, KS Consultancy or The Tenders Group.
7. Performance
7.1 Service performance timelines are not guaranteed, and any delay does not entitle the Client to cancel the Contract.
7.2 The Client agrees to inform the Provider in writing within 30 days if there is a significant change to the nature of their business, with failure to do so constituting grounds for Contract termination.
8. Liability
8.1 Provider liability for any loss arising under this Contract is limited to:
- No liability for indirect losses, including wasted time, lost profit, or goodwill.
- Claims related to the Services must be promptly raised in writing within 15 days of awareness, with 30 days given to the Provider to address the issue.
8.2 Liability will be discharged unless proceedings begin within 180 days of claim awareness.
8.3 The Client acknowledges that sales staff are not qualified to offer advice on the Services. Any such advice does not form part of this Contract, and the Provider is not liable for it.
8.4 The Provider’s liability limitations do not apply to:
- Death or personal injury due to negligence.
- Fraud or fraudulent misrepresentation.
- Breach of statutory obligations that cannot legally be excluded.
8.5 Total Provider liability is limited to 100% of the Charges paid within the previous 12 months.
9. Intellectual Property
9.1 The Provider and its licensors retain all rights to Provider IPRs, while the Client retains rights to Client Materials.
9.2 The Provider grants a limited, non-exclusive license to the Client to use Provider IPRs in relation to the Services.
9.3 The Client grants a license to the Provider to use Client Materials solely for service provision under this Contract.
10. Termination
10.1 The Provider may terminate the Contract within 14 days of commencement, with reimbursement for services paid for but not rendered.
10.2 Either party may terminate the Contract immediately in cases of material breach, insolvency, or cessation of business by the other party.
10.3 Upon termination:
- The Client must pay all amounts due up to Contract expiry.
- Provisions intended to survive termination remain effective.
11. Force Majeure
11.1 The Provider is not liable for delays or failures caused by circumstances beyond its control, with performance timelines extended accordingly.
12. Non-Poaching
12.1 During the Contract and for 24 months post-termination, neither party will hire the other’s employees without prior consent.
13. Rights of Third Parties
13.1 Only the Provider and Client (or those to whom the Provider assigns the Contract) have enforceable rights under this Contract.
14. Entire Contract
14.1 This Contract comprises the entire agreement between the parties, superseding all prior communications. Neither party has relied on any prior statements or representations not included in the Contract.
15. Notices
15.1 Written notices must be sent by tracked post or email, as agreed upon by both parties, clearly stating the subject as applicable (e.g., “Termination Notice”).
16. Law and Jurisdiction
16.1 The Contract is governed by the laws of England and Wales, with disputes subject to the jurisdiction of English courts.
17. Severability
17.1 If any provision is found to be invalid, the remainder of the Contract remains enforceable. The parties will amend any such provision to reflect the intended purpose legally.
18. General
18.1 Both parties will comply with applicable data protection laws, with the Client responsible for obtaining permissions necessary for the Provider to process required data. Client data is handled securely in accordance with industry standards. We follow and comply with all UK GDPR laws.
19. Modern Slavery Compliance
19.1 Commitment to Ethical Standards: Although exempt from the requirement to produce a formal policy under the UK Modern Slavery Act, Bid Masters Academy is fully committed to ethical business practices and the prevention of modern slavery and human trafficking within our operations and supply chains.
19.2 Supplier and Partner Integrity: We work to ensure that all suppliers and partners share our commitment to fair labor practices, operating with transparency and integrity.
19.3 Continual Review: We continually assess our operations to identify and address any risks related to modern slavery, reinforcing our dedication to maintaining a fair and ethical business environment.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@bidmastersacademy.co.uk