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 email@example.com 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
Please read carefully the terms and conditions below for the purchase and eventual attendance at an event 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 booking client (“delegate”) when the delegate has confirmed requirements by the event website or event booking form and BiP has accepted such a booking – a booking confirmation or an invoice being proof of such acceptance.
Bookings do not automatically constitute confirmation of a place. BiP will confirm all bookings in writing on receipt of a completed booking form. All bookings are made on a first-come, first-served basis. BiP reserves the right to refuse bookings at its discretion.
BiP will accept late delegate bookings subject to availability up to and on the day of the event. BiP will try to ensure that late booking information is incorporated into the event administration process; however, this cannot be guaranteed if the booking is made less than 10 days before the event.
All prices quoted are exclusive of VAT.
In the event of the rate of VAT being increased between the date of acceptance of a booking and the date of the event, delegates shall only be charged the VAT applicable on the date of invoice.
VAT rate changes will not be backdated or clawed back.
Where invoice is the elected payment method, payment is due upon receipt of invoice.
Consequences of failure to pay
If immediate payment in full is not made, this will be a breach of contract by the client, entitling BiP to treat the contract as being at an end and reallocate the event booking without informing the delegate.
If payment in full has not been made by the date of the event, BiP reserve the right to deny the delegate entry.
BiP shall be entitled to retain all sums already paid by the client. Any unpaid balance of the price of the booking shall become immediately payable by the delegate to BiP. This is without prejudice to BiP’s rights to claim damages from the delegate in respect of any loss suffered by BiP.
Cancellations by BiP
BiP reserves the right to amend or cancel any event or event times and dates. This includes changes to speakers, content and programme.
In the unlikely occurrence of an event cancellation, BiP may offer a complimentary transfer to an alternative equivalent event, subject to availability.
Alternatively, BiP will return any payments received in advance. BiP will not, however, refund any other costs incurred as a result of this cancellation.
Cancellations must be notified to BiP in writing.
Where cancellation notices are received by BiP with 28 days or more notice prior to the date of the event, refunds will be provided subject to a 50% administration charge. Where payment has not yet been made, a credit note will be raised for 50% of the delegate fee and payment of the balance will be due.
Where cancellation notices are received by BiP with less than 28 days’ notice, full payment will be due. Cancellation charges do not apply to free events.
As an alternative to cancellation, booking transfers or delegate substitutions may be made.
Delegates unable to attend an event may transfer their booking to another BiP event provided that notification of such a request is received in writing by BiP.
Where such written notification is received at least 7 days prior to the original event date, there will be no additional charge for such transfers.
Delegates making such requests within 7 days of the original event date will be required to pay a rebooking fee of £100 plus VAT to transfer to another event.
Where the delegate fee for the alternative event is lower than the cost of the original booking, the difference will not be refundable. Where the delegate fee for the alternative event is greater than the cost of the original booking, the delegate will be required to pay the difference in delegate fee costs.
Should delegates choose not to transfer to another BiP event, full settlement of the original booking fee will be required. No refunds will be provided.
As an alternative to cancellation or transferring a booking, BiP will accept substitute delegates without charge.
Promotions and Advertising
BiP may present advertisements or promotional materials on or through the Event and on any BiP websites. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by any third party advertisers on or through the Event are solely between you and such third party. You agree that BiP shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Event.
Patents and Trade Marks
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the event are the property of BiP and/or its affiliates. You may not copy, display or use any of these marks without prior written permission of the relevant owner. The event and/or portions of the event may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
Limitations of Liability
BiP does not accept responsibility for accident, injury or loss suffered while attending events unless it is directly due to negligence on BiP’s part.
BiP accepts no responsibility for any loss incurred while using material or information gathered at BiP events.
The copyright of all training material rests with the trainer or speaker and BiP may not be held responsible for any infringements as a result of plagiarism, libel, slander or any misuse of material.
Bookings are issued subject to the rules and regulations of the venue. All such rules and regulations will apply unless otherwise specified by the venue and, where applicable, BiP.
BiP and the venue management reserve the right to refuse admission or to eject delegates in reasonable circumstances (for example taking health and safety, environmental and security concerns into account), and may on occasion have to conduct security searches to ensure the safety of delegates. Delegates may also be refused entry or ejected from the venue on account of exhibiting anti-social behaviour or declining to be searched. No refunds will be offered to delegates who are refused entry or who are ejected in such circumstances.
Neither BiP nor the venue operator will be responsible for any loss, damage, death or injury whatsoever caused unless (i) the relevant party has breached its legal obligations and (ii) such loss or damage is a direct or reasonable foreseeable result of the breach. Subject to the foregoing with regard to personal property brought to the venue, the liability of the relevant party shall be limited to the reasonable cost to either repairing or replacing such property subject to fair wear and tear.
If you wish to make a complaint, please notify BiP’s event management team immediately. We will then do our utmost to find a speedy and satisfactory solution. In the event that you are not satisfied with the solution please complain in writing to firstname.lastname@example.org within 14 days of the end of your booking.
As filming and recording may be carried out at the venue from time to time, the delegate consents to being included in such films or recordings and the use, reproduction, storage, distribution and broadcasting of such films and recordings (including any copies made) without payment.
BiP will not be liable for any delay in performing or failure to perform its obligations under these terms due to any cause outside BiP’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.
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 jurisdiction of the courts of Scotland, unless otherwise submitted by BIP Solutions Ltd.