CAPS Terms & Conditions
PASS Consultancy and Training Terms and Conditions
CAPS TERMS & CONDITIONS
Please read carefully the terms and conditions below for the supply of the CAPS service from BiP Solutions’ PASS (Procurement Advice and Support Service). A contract shall be deemed to have been made between BiP Solutions Ltd (“BiP”) and the Client only once you have confirmed your requirements via the purchase form and BiP has accepted such a purchase – a purchase confirmation or an invoice being proof of such acceptance. BiP reserves the right to change these terms and conditions at any time.
Purchases must be made by completing the purchase form on the PASS CAPS site www.passprocurement.co.uk/CAPS. Clients may choose to pay by credit/debit card or invoice.
Access to the service will be available from completion of the purchase process, and will be via the question form on the site.
Upon completion of the purchase process, BiP will consider your purchase as contractually binding and subject to the terms and conditions contained herein.
Invoices will be issued within seven working days of the purchase confirmation and must be paid on receipt of invoice.
Any invoice outstanding beyond 30 days may be referred to an external debt collection agency, in which case a surcharge of 15% plus VAT will be payable to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
All prices quoted are in pounds sterling and exclusive of VAT. In the event of the rate of VAT being increased, Clients shall only be charged the VAT applicable on the date of purchase. VAT rate changes will not be backdated or clawed back.
Provision of Service
Although BiP endeavours to answer questions within 48 hours, on some occasions the response time may be longer. This may be due to the length or complexity of questions.
The 5 Question Package is valid for 6 months from the date of signature of the purchase form, and the 10 and 20 Question Packages are valid for 12 months from the date of signature of the purchase form. Please note that upon expiration of your CAPS Question Package any unused questions will expire.
Please note that English is the only language in which all correspondence, including questions, will be accepted. All answers will be provided in English.
Responses to enquiries received through CAPS are given in good faith. However, to the extent that question responses contain any comment in relation to matters concerning procurement law such comments do not constitute legal advice to you. The contents of these question responses are not to be construed as legal advice or a substitute for such advice, which you should obtain from your own legal advisors if required. We are not and shall not be held responsible for anything done or not done by you as a result of the information provided.
BiP reserves the right to:
- define the number of questions being asked;
- clarify any aspects of the question to define its acceptability;
- reject any question which is either not pertinent to the service offered (i.e. procurement related) or which would potentially breach any legislation; and,
- decline to respond to any question currently related to legal action.
(In the unlikely event that there is disagreement BiP will be the final arbiter in all matters relating to the provision of the service)
Limitations of Liability
BiP shall in no circumstances be liable to you for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, loss of profit, loss of business, depletion of goodwill or similar loss, loss of anticipated profits, loss of goods, loss of contract or loss of use.
BiP accepts no responsibility for any loss incurred while using material or information provided in the CAPS question responses.
Please retain the username and password that you create, so that you can use these to login to the CAPS question submission form. Please note that you are responsible for controlling access to these details, as BiP take no responsibility for any actions taken using your login details.
BiP will not be liable for any delay in performing or failure to perform its obligations under these terms and conditions due to any cause outside BiP’s reasonable control. Such delay or failure shall not constitute a breach of these terms and conditions and the time for performance of the affected obligation shall be extended by such period as is reasonable.
Patents and Trade Marks
All trademarks, service marks, trade names, slogans, logos and other indicia of origin that appear on or in connection with your CAPS Question Package are the property of BiP and / or its affiliates and may be protected under patent law and may be the subject of issued patents and / or pending patent applications.
You may not copy, display or use any of these marks without prior written permission of the relevant owner.
BiP reserves the right to sub-contract work in order to fulfil any CAPS Question Package as they see fit. This includes the right to allocate and / or substitute consultants, depending on the skills, experience and availability of consultants. However, BiP will at all times do their utmost to provide a consultant whose skills and experience are relevant to that required by the Client.
In the unlikely event that you wish to make a complaint about your CAPS Question Package, please email firstname.lastname@example.org immediately. BiP will then do everything reasonably possible to find a speedy and satisfactory solution.
Confirmed CAPS Question Packages cannot be cancelled.
Privacy and Cookies
Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of Scotland and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Scotland, unless otherwise submitted by BiP Solutions Ltd.
‘Client’ refers to the company, organisation, trust or body to whom invoices are addressed.
‘Consultant(s)’ refers to the individual(s) who carry out the work supplied by BiP Solutions Ltd.
‘Working hours’ means Monday to Friday, excluding public holidays, from 9.00am until 5.00pm.
‘In writing’ includes email, letter and fax.
PASS CAPS Terms and Conditions Version 1.0 – Effective from 30th April 2019