Terms of Service for Bidable
Last Updated: 1st September 2023
1. Acceptance of Terms
By accessing and using Bidable’s services, you accept and agree to be bound by the terms and provisions of this agreement.
2. Description of Service & Licence
Bidable offers a comprehensive tendering support platform, providing advice, content crafting, strategy sessions, and various other tender-related services.
This Agreement constitutes a legal contract between the organisation (Subscriber), as identified on the Invoice/Quote or by way of and the Licensor (hereinafter ‘Bidable’) that governs the Subscriber’s use of Bidable’s Subscription Service available at www.bidable.ai.
y Subscribing to or registering for the Service, You confirm that You have authority to enter into this Agreement on behalf of the Subscriber. Should Bidable Solutions suspect that such information is untrue, inaccurate, not current or incomplete, it has the right to suspend or terminate a Licensed User’s usage of the Service.
Subscriptions cannot be shared outside of the domain with which it is associated with upon registration.
As You represent the Subscriber, You should read these terms carefully. By installing any programs or using the Service the Subscriber agrees to be bound by the Terms and Conditions of this Licence. If the Terms and Conditions of this Licence are not accepted in full, the Subscriber is not authorised to use the Service. The Terms and Conditions will be deemed to have been accepted on behalf of the Subscriber if You Subscribe to or register for the Service.
Bidable reserves the right to amend the Terms and Conditions at any time. Such changes will be effective following posting of the amended version on the site. It is the Subscriber’s responsibility to review the Terms and Conditions regularly to ensure the Subscriber is aware of the latest Terms and Conditions. Continued use of the Service will constitute acceptance of the modified Terms and Conditions. If the Subscriber does not agree to any changes to these Terms and Conditions, then the Subscriber’s only remedy is to cease using the Service. If the changes will have a materially negative impact on the Subscriber, Bidable will inform the Subscriber. Failure by Bidable to inform of such shall result in the Subscriber being bound by the terms signed up to when taking out the subscription / renewal or the last revised version that they were informed of, whichever is the most recent.
If the Subscriber does not agree to or cannot comply with these Terms, the Subscriber must stop using the Service and, if applicable, cancel the Subscription.
Solely for purposes of providing the Services, you hereby grant to Bidable a non-exclusive, royalty-free, worldwide right and license to make archival or back-up copies of Your Data. Except for the rights expressly granted herein, Bidable does not acquire any right, title or interest in or to Your Data, all of which shall remain solely with You.
3. Registration and Account
Users may be required to register an account to access certain features. You agree to provide accurate information and to keep it updated.
4. Payments and Billing
All plans are billable monthly. Prices are inclusive of VAT at 23%. Payments can be made via GoCardless or Stripe.
5. Fair Use and Subscription Limits
Starter and Standard plans have a fair-usage policy based on an average of up to three opportunities per month.
6. Modifications to Service
Bidable reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
7. Subscriptions & Cancellations
The subscription commences on the date that the first payment is made. Users can cancel their subscription at any time. No refunds will be issued for any unused portion of the subscription term.
8. Data Privacy and Security
Bidable complies with GDPR regulations. User data will be kept confidential and won’t be shared with third parties without explicit consent.
9. Limitation of Liability
You confirm that no liability attaches to Bidable in respect of the advices given, materials provided to You or materials submitted on your behalf as part of a bid or the competition outcome.
Bidable 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 Bidable has been advised of the possibility of such damages.
Nothing in this Licence shall exclude or limit Bidable’s liability for death or personal injury or any other liability that cannot be lawfully excluded under any applicable law.
10. Governing Law
This agreement and any disputes arising out of it will be governed by the laws of Ireland.
11. Sub-contractors
Bidable reserves the right to subcontract work in order to fulfil consultancy bookings. This includes the right to allocate and / or substitute consultants, depending on the skills, experience and availability of consultants. However, Bidable will at all times do their utmost to provide a consultant whose skills and experience are relevant to that required by the Client.
12. Confidentiality
During the course of the parties’ relationship, a party may have access to the other party’s Confidential Information. The parties agree that the term “Confidential Information” shall mean any information, technical data, or know-how, including, without limitation, that which relates to research, products, services, customers, markets, inventions, processes, designs, marketing, future business strategies, trade secrets, finances, and other nonpublic information of the disclosing party, including the details of this Agreement. The amount and type of Confidential Information to be disclosed is completely within the sole discretion of each party.
The parties agree that Confidential Information does not include a party’s information which the other party can establish by legally sufficient evidence:
- Was in the possession of, or was rightfully known by a party without an obligation to maintain its confidentiality prior to its receipt from the other party;
- Is or becomes generally known to the public without a breach of this Agreement;Is obtained by a party in good faith from a third party having the right to disclose it without an obligation of confidentiality;
- Is independently developed by a party without use, directly or indirectly, of Confidential Information received from the other party; or
- Is authorised in writing by a party to be released from the confidentiality obligations herein.
13. Non-Disclosure
Each party agrees that it shall not use or permit the use of any Confidential Information of the other party except to the extent reasonably required for purposes of this Agreement, nor disclose or permit to be disclosed the Confidential Information of the other party to any person or entity (other than its own employees, agents, representatives, or affiliated entities having a reasonable need for such information for the purposes of this Agreement and that have agreed to keep such information confidential), nor duplicate any Confidential Information of the other party which consists of computer software or documentation or other materials expressly restricted against copying or which carry the notation “Confidential,” “Company Confidential,” and/or “Proprietary”, unless such duplication, use or disclosure is specifically authorised in writing by the other party. Each party agrees that damages may not be adequate to protect the other party in the event of a threatened breach of this Clause 13, and that either party may take equitable action, including seeking injunctive relief, to enforce this Clause 13.
If it is reasonably necessary for the receiving party to disclose any Confidential Information to (i) enforce this Agreement, (ii) comply with a judicial or administrative proceeding or similar process, or (iii) comply with a stock exchange rule, or rule of any other regulatory authority which has jurisdiction over receiving party, the receiving party will, if permitted, provide the disclosing party with prompt written notice so the disclosing party may, at the disclosing party’s sole expense, seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. In the event such protective order or other remedy is not obtained, the receiving party will not be in breach of Section 24 by furnishing such Confidential Information as legally required and will exercise commercially reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information so disclosed, at the disclosing party’s expense.
14. Infringement of Intellectual Property Rights
If Bidable receives a notice alleging that a Subscriber has engaged in behaviour that infringes Bidable’s or any other party’s intellectual property rights, or reasonably suspects the same, Bidable may suspend or terminate the Subscriber’s account without notice. If Bidable suspends or terminates the Subscriber’s account under this paragraph, it shall have no liability or responsibility to the Subscriber, including for any amounts that the Subscriber has previously paid.
The Subscriber shall have no liability or responsibility for any claim that arises in respect of an infringement by Bidable against a third party’s intellectual property rights.
15. Patents & Trademarks
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 Bidable and/or its affiliates. The Subscriber 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.
16. Modifications to Service
Bidable 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 the Subscriber, without any liability to the Subscriber or to any third party.
Bidable 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.
17. Limited Warranty
Bidable will use reasonable endeavours to make the Service available during normal business hours during the Subscriber’s Subscription period. However, Bidable will not be liable if for any reason the Service is not available at any particular time or for any reasonable period.
18. End User Remedies
Bidable’s entire liability and the Subscriber’s exclusive remedy in the event that a valid claim is made by the Subscriber to Bidable within the terms of the aforesaid warranty shall be, at Bidable’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.
19. No Other Warranties
Bidable 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 Bidable 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 Bidable or any other party or person that the functions contained in the Service will meet the Subscriber’s requirement or that the operation of the Service will be uninterrupted or error free. The Subscriber assumes all responsibility for the selection of the Service to achieve the Subscriber’s intended results, and for the installation use and results obtained from it.
20. Force Majeure
Bidable will not be liable for any delay in performing or failure to perform its obligations under this Licence due to any cause outside Bidable’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.
21. Feedback and Complaints
Users can provide feedback or lodge complaints by contacting info@bidable.ai. Bidable is committed to addressing all concerns in a timely and comprehensive manner.
