Millstream Tenders Direct Terms & Conditions
Throughout these Terms and Conditions, 'Millstream Tenders Direct’ and 'we/us/our' means Millstream Associates Limited and "you/your" means the customer.
These Terms and Conditions cover the entire agreement (or 'contract') between you and us.
Starting your subscription
From the date on which we receive your correctly completed subscription/sign up request:
- We will provide the service, as described below.
- We will notify you of any changes to the service or these Terms and Conditions.
- You agree to be liable for and to pay any charges arising out of using our service, as described below.
- In subscribing to the service you are confirming that you are in business and/or have the authority to represent a public sector body.
Tenders Direct is a tender notice alert service. Our customers have access to all tenders published in the OJEU supplemented by tenders sourced directly
from procurement websites. We provide suppliers with regular emails alerting them to the tendering opportunities that best match their business needs.
The service can be purchased on an annual or quarterly basis.
Using the service
We provide our service to you solely for your own use. You are not entitled to assign the benefit of this contract, or pass on any information supplied,
to a third party without our prior written consent.
All copyright in any information provided through our service remains vested in the owners of the material. Nothing in these Terms and Conditions grants you
any interest in such intellectual property rights, except to the extent necessary to receive the benefit of the services.
Charges for using the service
- We express our rates exclusive of any taxes that are or may become applicable (such as VAT).
- Dependant on which plan you choose you will be given the option to pay using the methods provided.
If the payment method chosen is invoice then we will require payment within 30 days of the date that the invoice is submitted.
- You must pay in pounds sterling.
- If the amount or structure of our charges change, we promise to give you 30 days written notice.
If anything changes
We'll publish any new Terms & Conditions on our website and also share a copy of the most up-to-date version with you at the point of renewal.
Renewing your contract
Subject to the other rights of termination (see 'Cancelling your contract' below), your contract will continue on an
annual/quarterly basis unless you (or we) terminate it by giving notice in writing:
- for the Annual Plan – within 30 days of the invoice date; or
- for the Quarterly Plan – within 10 days of the invoice date;
Should you choose to terminate, notice must be provided to us at the following email address email@example.com.
If you don’t request termination within that period, you will be deemed to have accepted renewal, and your option to use the service will
continue for a further 12 months (in the case of the Annual Plan) or 3 months (in the case of the Quarterly Plan).
Cancelling your contract
We may terminate this agreement (or suspend your access to the services) at any time and without penalty, in the event you breach any of the 'Conditions of use' set out below.
Subject to the above, either you or we may terminate this agreement without penalty where:
- the other party commits a material breach which is not capable of being remedied;
- the other party commits a material breach which is capable of being remedied but fails to do so within 7 days of the same being requested by the other party;
- we may terminate where you cease to carry on business or are declared bankrupt or, if you go into liquidation (except for the purposes of solvent amalgamation or reconstruction),
administration or receivership, or otherwise becomes insolvent;
- we are required to do so in order to comply with law or regulation.
Conditions of use
You agree that you will (and will ensure that any individual accessing the services on your behalf will):
- comply with applicable laws and regulations
- not upload, or provide to us for upload, any material containing harmful software code, viruses or similar
- adhere to security requirements - passwords must be a minimum of 8 characters and contain at least one letter and one number
- not pass on any information supplied to a third party without our written consent.
We both agree to keep confidential information provided by the other party confidential and only use it as far as necessary for the purpose of providing or receiving the services (as appropriate).
Confidential information means any information provided by you or us to the other party, which is notified in writing as being confidential in nature.
The above restriction will not apply to any confidential information which:
- was already in the public domain at the date of receipt;
- becomes publically available following receipt, other than by breach of these Terms and Conditions;
- is independently developed, without reliance on information provided by the other party; or
- is required to be disclosed by law or a regulatory authority.
The description of the services provided in this contract is accurate to our best knowledge and belief. We do not provide any warranty or make any representation (express or implied) in relation to the services,
including in particular regarding their suitability for any use or application, except to the extent any warranties or conditions are not permitted to be excluded by law.
We will try to make the services available for your use as far as possible, although we cannot guarantee that they will be available at all times or that your usage will be uninterrupted.
We will also endeavour to keep the services accurate, up-to-date and free from bugs, however we cannot promise that this will be the case.
Any reliance that you place on the information provided via the services is at your own risk. You are responsible for ensuring that your IT systems, devices and software
are compatible with the services and we do not provide any guarantees in relation to such compatibility.
Hyperlinks and third party sites
The services may contain links or references to third party websites. These are provided for your convenience only.
We have no control over these websites and accept no responsibility for any content, material or information contained in them.
We do not accept liability for any direct or indirect damages resulting from your receipt of or use of the services, except to the extent such liability cannot be excluded by law.
Neither you or we shall be liable to the other for any breach of this contract due (directly or indirectly) to:
- The failure of any machine, data processing system or transmission link.
- Industrial dispute.
- Anything beyond our (or your) reasonable control.
- The acts or omission of any party for whom we (or you) are not responsible.
This agreement is governed by and construed in accordance with Scottish Law. You hereby agree to submit to the exclusive jurisdiction of the Scottish Courts.