Effective 7th July, 2023

This Agreement (this “Agreement”) is entered into by and between Tender Response Limited company with its principal office at 20 Valley Road, Burghfield Common, Reading, Berkshire, RG7 3NF (“Tender Response”) and the entity or person agreeing to the Agreement (“Customer”), each a “Party” and collectively the “Parties.” The Agreement is effective as of the earlier of the date of last signature of the Parties on the initial Order Form (“Effective Date”).

Tender Response will enact Tender Write upon Customer request. This request will be in writing (email) and will be scheduled md resourced for completion to by Tender Response within 5 (five) calendar days and timelines shared with the Customer.

Tender Response will provide consulting services as part of the Tender Write service to create a full response on the Customer’s behalf for the tender or procurement announcement. This may include completion of Form of Tender documents as issued within the procurement announcement; service reporting materials as part of service management and KPI reporting and other such materials.

All materials delivered by Tender Response as part of the tender belong to the Customer. Tender Response will keep a copy of the materials for future procurement responses.

Where we have portal access, we do check the portal for notices from the procurer. However, we also ask the Customer to forward email notifications across to Tender Response also.

The Customer is required to ensure that key members of staff make time available for the Tender Response team promptly. Tender Response is not liable for any delay in response timelines as a result of Customer availability or delays.

Tender Response will not provide, as standard, any policy documents unless otherwise agreed.

Should the Customer decide not to pursue the bid after providing instructions to Tender Response to write the response, the Customer will only be charged for the work completed by Tender Response.

The Customer will have final approval on all documents submitted as part of the tender response, or in response to the procurement announcement. Any and all inaccuracies are required to be identified by the Customer for correction before submission onto the procurement portal.

Tender Response will not advise on any financial or commercial elements that require completing as part of the tender.

Tender Response is not liable for any legal issues arising from a tender pack or procurement notice. Tender Response encourages the Customer to seek their own independent legal counsel.

The initial order is deemed at the point at which the Customer agrees completion of the tender and it is submitted via the procurement portal; or, the Customer confirms receipt for their own submission to the end client.

The fees shall be paid by the Client in accordance with the quote issued by Tender Response.

The Tender Write service requires a deposit at the time of instruction, which will be outlined on our quote form.

The deposit payment is due on instruction of Tender Response to complete the bid response.  Failure to pay the deposit may result in a delay in starting the bid response.

The balance of the tender is due within 30 days of the submission of the tender.

Invoices and receipts copies can be requested from accounts@tenderresponse.co.uk.

Billing queries to be sent to accounts@tenderresponse.co.uk.

Payment is due no later than 30 days after the submission of the bid. Failure to pay in fill on the due date will entitle Tender Response Limited to:

1. Receive interest at the rate set under S6 of the Late Payment of Commercial Debs (interest) Act 1998 as amended by the Late Payment of Commercial Debts Regulations 2013

1. calculated on a daily basis from the date of the invoice until payment
2. compounded on the first day of each month
3. before and after any judgement (unless a court orders otherwise)

2. To claim compensation from the Client under S5a of that Act to cover reasonable credit control costs plus a fixed sum

3. To recover the cost of taking legal action to make the Client Pay.

If Tender Response Limited as provided the Client with credit facilities, then Tender Response Limited reserves the right to withdraw or reduce such credit facilities or bring forward the date for repayment at any time.

If Tender Response Limited has provided the Client with credit facilities, then Tender Response Limited reserves the right to withdraw or to reduce such credit facilities, or to bring forward the date for payment at any time.

4.6 On the due date for payment the Client shall pay to Tender Response Limited the balance due for payment, without any right of set-off, deduction, retention or withholding whatsoever.

4.7 The Client shall fully and effectively indemnify Tender Response Limited against the total expense to Tender Response Limited arising out of the Client’s breach or breaches of these terms. Such expense shall include, without limitation, all expenses incurred by Tender Response Limited in recovering overdue fees, all court fees, all amounts payable to Tender Response Limited’s professional advisers (payable on an indemnity basis) in pursing claims against the Client for breaches of the terms and for enforcing any judgment(s) and/or orders, all amounts payable to Tender Response Limited’s debt recovery agents. The Client further agrees to so indemnify Tender Response Limited in the event that any instructions given to Tender Response Limited by the Client, its officers, contractors or its employees are not authorised by the Client, or if any information given to Tender Response Limited proves to be inaccurate, incomplete or misleading.

4.8 Other fees and expenses payable to Agents shall be payable by the Client in addition to the fees and shall be paid irrespective of the extent of any recovery achieved by Tender Response Limited hereunder (if any). Unbilled or outstanding fees and expenses of Agents shall become immediately due and payable in the event of the termination of the Services for any reason.

4.9 Cheques received by the Tender Response Limited from a debtor which are subsequently not honoured will be subject to an administration fee payable by the Client.

Governing Law and Venue. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the United Kingdom, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Customer hereby expressly consents to the exclusive, personal jurisdiction of, and venue in the United Kingdom.

By asking Tender Response to complete a Tender Write, you are consenting to the agreement of these terms.