Terms and Conditions
These Terms and Conditions (“Terms”) apply to your purchase and/or use of the Ultimate Tender Coach services. Ultimate Tender Coach is an online training programme owned and operated by AM Bid Services Limited. Ultimate Tender Coach is not intended for use by consumers, it is for business use only.
The Ultimate Tender Coach course content may change from time to time, please check the description of the course content prior to purchase on our website. The course content to which you have access will also be confirmed to you in the course confirmation email.
- Information about us contact details
1.1 Ultimate Tender Coach is an online training programme and virtual community operated by AM Bid Services Limited, a company registered in Scotland with company number SC485842 and whose registered office is situated at WeWork, 80 George Street, Edinburgh, EH2 3BU (“we”, “us”).
1.2 To contact us in relation to any enquiries or complaints which you have in relation to Ultimate Tender Coach, please email email@example.com
1.3 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered with us. When we use the words “writing” or “written” in these Terms, this includes emails.
- Our Contract with you
3.1 In order to use Ultimate Tender Coach you may need to register with us and set up an account.
3.2 By placing an order with us through our website to access Ultimate Tender Coach, you are confirming to us that you are a placing an order on behalf of a business and that you agree to be bound by these Terms. Our acceptance of your order to use Ultimate Tender Coach will take place when we email you to accept it (“Order Confirmation Email”), at which point a contract for your use of the Ultimate Tender Coach Services (as defined below in clause 3.5, subject to these Terms and the details set out in the Order Confirmation Email, will come into existence between you and us (“Contract”).
3.3 If we are unable to accept your order, we will inform you of this by email and will not charge you for access to Ultimate Tender Coach.
3.4 We will assign an order number to your order, and this will be included in the Order Confirmation Email. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 When we refer to the Ultimate Tender Coach Services in these Terms, we mean the services outlined in the course content set out on our website at the time of your purchase and as confirmed in your Order Confirmation Email. Your Confirmation Email also sets out the duration for which each of the Ultimate Tender Coach Services are available to you (as set out on our website, at the time of your purchase). For example, this may include access to online training sessions on a yearly or multi-year basis; time-limited access to our social media channels and/or to weekly conference call Q&A sessions for a set number of weeks. Your Order Confirmation Email will confirm your access rights to the various Ultimate Tender Coach Services.
3.6 You agree that the Contract governs your use of Ultimate Tender Coach regardless of whether your usage is on a paid-for, discounted or free trial basis and in using the service you agree to be bound by these Terms.
- You must keep your login details secure and not share them
4.1 You must ensure that all information which you provide to us in relation to creating your account (“login details”) is accurate and let us know if any updates or changes are required.
4.2 Your login details are confidential, and you must keep them safe. You may not share your login details with anyone else. If you suspect or know that someone else knows or has access to your login details you must notify us promptly at firstname.lastname@example.org
4.3 We may disable your login details, at any time, if we reasonable believe you have failed to comply with any of the provisions of the Contract.
4.4 We also reserve the right to restrict or change access to different areas of the Ultimate Tender Coach Service or particular content, at our absolute discretion.
- Our services and your commitments
5.1 We will use reasonable endeavours to supply the Ultimate Tender Coach Services in accordance with the Contract in all material respects.
5.2 We will use our reasonable endeavours to perform in line with any delivery timescales, but a failure to meet the timescales will not entitle you to terminate the Contract.
5.3 We will provide the Ultimate Tender Coach Services with reasonable care and skill.
5.4 We may have to suspend the supply of the Ultimate Tender Coach Services to: (a) deal with technical problems or make minor technical changes; (b) update the Ultimate Tender Coach Services to reflect changes in relevant laws and regulatory requirements.
5.5 You will:
(a) co-operate with us in all matters relating to the Ultimate Tender Coach Services;
(b) provide us with such information and materials as we may reasonably require in order to supply the Ultimate Tender Coach Services and ensure that such information is complete and accurate in all material respects.
- Availability and performance standards
6.1 We do not guarantee that the Ultimate Tender Coach Services, or any content on it, will always be available or be uninterrupted. We reserve the right at any time and without notice to suspend or withdraw or restrict the availability of all or any part of the Ultimate Tender Coach Services or to prohibit access to them.
6.2 Although we make reasonable efforts to update the information contained in any the Ultimate Tender Coach Services content and materials, we make no representations, warranties or guarantees, whether express or implied, that the content or materials is accurate, complete or up to date.
- Intellectual Property Rights
7.1 We are the owner, or authorised licensee, of all intellectual property rights in the Ultimate Tender Coach Services (other than any materials which you provided to us) and all related content and materials.
7.2 We grant you, or shall procure the direct grant to you of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the materials and content which we share with you when delivering the Ultimate Tender Coach Services for the purpose of receiving and using the Ultimate Tender Coach Services in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause.
7.3 You grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials (including any user-generated content, see clause 8) which you provide to us for the term of the Contract for the purpose of providing the Ultimate Tender Coach Services to you. With your prior consent, we may also publish your materials to promote the Ultimate Tender Coach Services to third parties.
- Community groups and user-generate content
8.1 We may offer Ultimate Tender Coach Services users the ability to upload or share information and materials through facilitated group sessions online, over the phone and/or our through our social media channels, including through chat rooms and instant messaging services (“Community Groups”).
8.2 You understand that if a Community Group is hosted through a third-party website or social media channel, such as Linkedin, that you will be responsible for signing up to any necessary accounts with that third-party (at your cost, if any) and for complying with any applicable terms and conditions relating to your use of such third-party site.
8.3 By engaging in a Community Group, you:
(a) Acknowledge and accept that your participation in such Community Group will be identifiable by other Community Group users (e.g., you cannot participate on an anonymous basis) and that any information which you choose to share with the Community Group will be available to us and to other Community Group users.
(b) agree to comply with the Community Guidelines.
8.4 You warrant that any such contribution you may make to a Community Group will comply with our Community Guidelines and these Terms, and you will be liable to us and indemnify us for any breach of that warranty (you will be responsible for any loss or damage we suffer as a result of your breach of warranty).
8.5 Any content you upload or share when engaging in a Community Group will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content – see clause 7.3, above).
8.6 We have the right to disclose your identity to any third party who is claiming that any content posted, uploaded or shared by you when you engage with in a Community Group constitutes a violation of their intellectual property rights, or of their right to privacy.
8.7 We have the right to remove any posting you make when you engage with a Community Group, in our opinion, your post does not comply with the standards set out in our Community Guidelines.
8.8 You are solely responsible for securing and backing up your content.
8.9 You acknowledge and accept that any information or materials shared through a Community Group by anyone other than us has not been verified or approved by us. The views expressed by other users in a Community Group do not represent our views or values.
8.10 If you do not comply with our Community Guidelines, we may exclude you from participating in any or all of our Community Group sessions or programs. If we do this, no refunds will be due to you.
8.11 If you have a concern or a complaint about content uploaded by another user, please contact us on email@example.com
- Price & payment
9.1 Prices for access to and use of the Ultimate Tender Coach Services are stated on our website will state the price which you have paid (or which you will pay upon receipt of an invoice). All prices are exclusive of any applicable VAT, which will be applied at the current rate (if applicable).
9.2 By placing an order for Ultimate Tender Coach Services, you authorise us and/or our third-party payment providers to take payment and/or charge your payment card for the relevant amount at the relevant time. All payments are independently processed through third-party services, and we do not collect or process any payment information (e.g. credit card details).
9.3 If you are not able to use our online payment system, we will send you an invoice for the fees for the Ultimate Tender Coach Services. You must pay this invoice in full within seven (7) days of the date of the invoice.
9.4 If you fail to pay us in full on time, and without prejudice to any other rights or remedies which we may have:
(a) You shall pay us interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of Scotland’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
(b) We may suspend your access to all or part of the Ultimate Tender Coach Services until payment is made in full.
10.1 Each party undertakes that it shall not at any time during the Contract and for a period of five (5) years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 10.2.
10.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 10.2; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3 Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
- You must not use the Ultimate Tender Coach Services to compete with us and you must not employ or seek to employ our staff
11.1 You will not use any of the materials or content which we make available to you in connection with the Ultimate Tender Coach Services for any purpose other than your own internal business purposes.
11.2 You warrant that you will not use any of the materials or content which we make available to you in connection with the Ultimate Tender Coach Services to provide or perform a service which creates a functional substitute to or is similar to the Ultimate Tender Coach Services.
11.3 You may not, without our prior written consent, at any time during the term of this Contract and for a period of twelve (12) months after its termination or expiry, solicit or entice away from us or employ or attempt to employ any person who is, or has been, engaged by us as an employee, consultant or subcontractor in relation to the provision of the Ultimate Tender Coach Services.
11.4 Any consent given by us in accordance with clause 11.3 shall be subject to you paying to us a sum equivalent to 20% of the then current annual remuneration of our employee, consultant or subcontractor.
11.5 You will indemnify us in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of the terms of this clause 11.
- No reliance on information & links to third party sites
12.1 The Ultimate Tender Coach content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the Ultimate Tender Coach Services content.
12.2 Where the Ultimate Tender Coach Services content and materials contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked platforms, their products or services, or the accuracy of information you may obtain from them.
12.3 We have no control over the contents of those third-party sites or resources and they are subject to their own terms and conditions and privacy policies.
12.4 You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked platforms. Your use of such platforms is at your sole risk.
13.1 We do not guarantee that any the Ultimate Tender Coach Services will be secure or free from bugs or viruses.
13.2 You are responsible for configuring your information technology, computer programmes and platform to access the Ultimate Tender Coach Services. You should use your own virus protection software.
13.3 You must not misuse the Ultimate Tender Coach Services or our website or social media channels by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
- Ending the Contract
14.1 Unless terminated early in accordance with the Contract, your access to and use of the Ultimate Tender Coach Services shall terminate in accordance with the dates set out in the Order Confirmation Email.
14.2 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any of the Contract and (if such a breach is remediable) fails to remedy that breach within twenty-one (21) days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(c) the other party suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the Contract is in jeopardy.
14.3 We also have the right to terminate the Contract on three (3) months’ notice at any time. If we do this, we will issue a pro-rated refund of the price already paid by you to you to take account of the shortened Contract duration.
14.4 On termination of the Contract for any reason, you shall immediately pay us any and all outstanding sums owed to us (including amounts involved, and any amounts yet to be invoiced and, in respect of which, we will submit an invoice).
14.5 Termination or expiry of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
14.6 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
- Our responsibility for loss or damage
15.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence; or
(b) fraud or fraudulent misrepresentation.
15.2 You acknowledge and accept that the Ultimate Tender Coach Services are provided for your information purposes only and is guidance and suggestion rather than advice. We do not promise that you will achieve any particular outcome or goal.
15.3 To the extent permitted by law, we expressly exclude all conditions, warranties, and all other terms which might otherwise be implied by statute, common law, or the law of equity.
15.4 Subject to clause 15.1, our total liability to you shall not exceed 100% of the fees charged and paid by you to us in any twelve (12) month period.
15.5 Subject to clause 15.1, the following types of loss are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
15.6 This clause 15 shall survive termination of the Contract
15.7 We are not liable for failure to perform or delay in performing any obligation under these Terms if the failure or delay is caused by any circumstances beyond our reasonable control.
- How we may use your personal information
- Other important terms
17.1 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
17.3 We may assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract at any time.
17.4 The Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of the Contract.
17.5 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
17.6 If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
17.7 The Ultimate Tender Coach Services are directed to people residing or supplying goods/services within in the United Kingdom. We do not represent that Ultimate Tender Coach Services content or materials available are appropriate for use or available in other locations.
17.8 Except as provided in clause 5.4, no variation of the Contract shall be effective unless it is in writing and signed by the parties.
17.9 The Contract is governed by Scots law and the Scottish courts have exclusive jurisdiction in respect of any legal proceedings.