Vendor Terms Contents
- Product Listing Creation and Pricing
- Product Listing Removal
- Product Listing Guidelines
- Vendor Portal, Product Listings, & Vendor Services
- Entire Agreement
Bid Solutions Vendor Terms (“the Terms”) are entered into and agreed to by Bid Solutions and its Group Companies (“Bid Solutions” or “us”) and all Vendors, both basic and upgraded. They govern the access and use of our Site and/or Services. The Terms govern Vendor Portal and Product Listings and purchase of our Vendor services.
Vendors to whom these Terms apply include, without limitation: basic software and technology vendors and/or upgraded or paying software and technology vendors (each, a “Vendor” or “You”).
You will be required to expressly accept the Terms upon order of services.
We reserve the right to update or otherwise modify these Terms from time to time.
Accounts: There are two types of Accounts. User Accounts are created by individual Users and can be removed at the User’s convenience. Vendor Accounts include information about a Vendor (both basic and upgraded) collected and maintained as company records for the purposes of administration of the services, content management and back office administration of our Sites. Because we create Vendor Accounts for purposes of managing our online services, these Accounts are non-cancellable.
Affiliate Group Company: Any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with us.
Basic Listing: A free-of-charge Product or Service Listing that does not generate conversions, clicks, or leads.
Basic Vendor: A Vendor listed on our Sites that has not upgraded its account to PPC and/or PPL.
Content: Includes alternatively our Content, User Content, and Vendor Content.
Product Listing Guidelines: Rules that govern the posting of Product Listings in our software directory.
Landing Page: The specific webpage and corresponding URL that is provided by the Vendor or created by Bid Solutions that is used in online lead generation campaigns.
Leads: All information of or pertaining to a User interested in purchasing the services of an Upgraded Vendor, which is collected or otherwise secured by us in accordance with applicable law; and which is owned by us.
Modified Product Listings: Product Listings that have been changed or updated by Vendor or us in accordance with the Guidelines for Product Listings.
Our Content: The Site, tools, templates and related proprietary materials developed and owned by us and our Group Companies, including without limitation, User Content for which the User has granted us a license, Content for which a third party has granted us a license and Leads.
Partner: Any external, third party website under contract with us to drive impressions, conversions, and/or leads for Upgraded Vendor campaigns.
Pay Per Click (PPC): Lead generation program in which Upgraded Vendor pays us for each legitimate user who clicks through online advertisements to Upgraded Vendor’s website or landing page.
Pay Per Lead (PPL): Lead generation program in which Upgraded Vendor pays us for phone-verified, qualified leads.
Personal Information: Any information relating to an identified or identifiable natural person, in particular your first and last name, job title, telephone number, postal/email addresses, billing information and social media profile information (including photo).
Product Information: Collectively includes without limitation: Product and Service Listings, Product and Service Profiles and any other product or service-related information developed by us, now and in the future ordinary course of our business.
Product Listings: High level descriptions of Vendor’s products (including Vendor name & logo, product name & description, screenshots) created by us or Vendor and featured in our online software directories.
Product Profiles: Detailed listings describing Vendor’s products (including Vendor name & logo, product name, screenshots, short/unique description, reviews) featured in our online software directories.
Programs: Any programs developed by us for our Upgraded Vendors or Users, including without limitation: the PPC and/or PPL lead-generation programs operated by us for our Upgraded Vendors.
Ratings: Any portion of a User-submitted review, or a submission independent of a review, that uses a scaled score value to indicate an opinion about a Vendor’s product and/or service.
Services: Collectively includes, without limitation, all of our products and services for which we hold all rights, including applications, tools and Programs, which are accessible via our Sites, both for Users and for Vendors.
Site(s): Also known as Websites, any property (website or landing page) owned or licensed by us, our Affiliates, Vendor, Partner or authorised Third Party to provide the Services hereunder.
Third Party: Any third party with which we cooperate to deploy the Programs and Services, including without limitation: Partners, service providers and Group Companies.
Upgraded Vendor Listing: Product Listings that generate conversions, clicks, or leads for paying Vendors.
User: A user of our Sites, whether or not registered, who accesses and uses our Services or submits content, such as reviews. Users may include, without limitation, potential software buyers, customers, vendors, industry insiders, or media relations.
User Content: Any information, including without limitation User Reviews and related content and materials, which is submitted to our Sites by a User.
User Reviews: Any user-submitted content conveying an opinion about a Vendor’s product and/or service that may contain both quantitative ratings as well as qualitative text.
Vendor: A software or technology vendor (Basic/free or Upgraded/paying) that is listed on our Sites.
Vendor Content: Information provided to us by Vendor in connection with our Programs and Services, including without limitation: updates to Product Listings, landing pages, infographics, reports, blog posts.
These Guidelines for Product Listings (“Guidelines”), which are incorporated by this reference into the Terms, govern the use of our Sites, Services and Content by Bid Solutions and Group Companies and all software vendors, both Basic and Upgraded (“Vendors”).
Product Listings are high level descriptions of Vendor’s products (including vendor name & logo, product name & description, screenshots) created by Bid Solutions or Vendor and featured in Bid Solutions’ online software directories.
Criteria for Posting Product Listings on our Sites:
Our aim is to list all B2B software solutions that fit within one or more of our bid lifecycle categories. Among the criteria for inclusion are:
- It is B2B software – we do not list exclusively B2C products, marketplaces or database websites, personal productivity solutions, product clones and/or personal apps.
- It is a packaged (pre-built / off-the-shelf) solution – we do not list custom-made/bespoke software.
- It must fit, at our sole discretion, within one of the existing categories. – It must be publicly available and out of Beta testing. – It must be listed under the product name determined by the vendor – we do not list reseller names, integrators, consultants, or other third parties — unless the vendor expressly authorises a reseller to list the product on their behalf. Notwithstanding, we allow authorised resellers to participate in our lead generation programs. However, when the parent company requests lead generation for their product, the parent company will take precedence and the reseller will be disabled.
While our sites serve as a platform to host software product listings, we are not responsible for ensuring the legal and/or regulatory compliance of these software products. For information on a software product’s legal and/or regulatory standing, site users will be directed to the software vendor directly through their website.
Prices are specified on Bid Solutions website and are guaranteed for the period stated on the Order Form. Any discounts agreed are confidential and may not be disclosed by the Vendor. If any products or services to be used within any time period specified on the Order Form are not used within that period of time, they may not be carried over into any subsequent period without Bid Solutions prior written consent. The Vendor will be responsible for payment for any unused Services.
Payments & Refunds
All prices exclude VAT. Once the Order Form has been received by Bid Solutions from the Vendor and a legally binding contract formed, Bid Solutions cannot offer a refund for the agreed services. The Vendor is entitled to withdraw the Services from Bid Solutions’ website, but no refunds shall be provided for any cancellations.
Accepted methods of payment are listed below:
i) Payment by Bank transfer or to a Bid Solutions nominated account.
To be a comprehensive resource for bid and proposal technology and software buyers, we include all relevant software product listings that are currently marketed or sold and fit in a bid lifecycle category. To provide the most helpful software-buyer experience, our catalogue team will determine whether a product is a logical fit for a category through research on the vendor’s website. We will either create these listings from publicly available information or work with the software vendor to create and/or update a listing that is accurate and best reflects the product’s features.
At Vendor Request: In keeping with our goal to be a comprehensive resource for bid and proposal technology and software buyers, we will not remove software product listings that are currently being marketed/sold and fit in a category. We will work with the software vendor to update the listing to ensure it is accurate and best reflects the product’s features and differentiation.
If a software vendor is no longer in business and/or the product listed is no longer being sold (clearly reflected on the company website), we will review and remove the product listing from the catalogue.
If, through the course of on-going maintenance and review of our catalogue, we discover that an existing product listing no longer fits in a category and/or is not a legitimate, packaged B2B product, it will be reviewed and removed.
At Bid Solutions’ Discretion: We reserve the right to modify or remove your Product Listing and/or Product Profile if, in our sole discretion, the listing or profile fails to comply with these Guidelines. As a rule, we do not remove Vendor Product Listings or Product Profiles unless: (i) the Product Listing or Profile does not fit within one of the existing software categories (“Directories”); or (ii) there is evidence to demonstrate that the Vendor’s product is no longer actively being marketed and/or sold to the public.
If through the course of ongoing maintenance and review of our catalogue, we discover that an existing product listing no longer fits in a category and/or is not a legitimate, packaged B2B software product, it will be reviewed and removed.
Below are our guidelines for written content and image assets. For additional guidance on these Guidelines please contact firstname.lastname@example.org
- Do ensure overview is a product or service description.
- Do ensure product name matches product name on Vendor’s Site.
- Do ensure that destination URLs work and point to Vendor’s Site.
- Do use standard spelling and grammar.
- Do not use marketing or subjective text in product and company name (e.g., award-winning).
- Do not use offensive, obscene or defamatory language.
- Do not include personally identifiable information in product description (phone, email, fax, URL).
- Do not include suffixes in company name (e.g., no Inc, Ltd, Corporation, LLC, etc.).
- Do not use repeated or unnecessary punctuation marks.
- Do not use line breaks.
- Do not use symbols or special characters.
- Do not use excessive capitalisation.
- Do not use HTML tags.
SCREENSHOT AND VIDEO GUIDELINES
At least one screenshot or video is strongly encouraged for your listing. If you submit a screenshot, you grant Us the right to use it in the ordinary course of our business to administer Your Product Listing; and you agree to follow these guidelines:
- Do ensure screenshots display the software’s real user interface
- Do ensure the video is recorded in English
- Do ensure the video is about the product
- Do ensure the video is either a YouTube or Vimeo link
- Do not use any stock images or marketing jargon in your screenshots.
We reserve the right to make changes to these Guidelines at any time without penalty by posting notice of such change on our Sites. Your use of Our Sites and/or Services after such notice has posted constitutes your acceptance of the updated Guidelines.
In our ongoing efforts to adhere to applicable law and be transparent about our operations, we may make changes to these Product Listing Guidelines. We will post notice of such changes on our Site and you are encouraged to consult these Guidelines periodically to be aware of those changes. Your use of our Bid Solutions Sites and/or Services after such notice has posted constitutes your acceptance of the updated Product Listing Guidelines. When accessing our Services for the first time, you will be given the option to acknowledge and agree to these Product Listing Guidelines.
Eligibility: Our Site and Services are intended solely for Users who are 18 years of age or older.
- That you have all necessary right, power and authority to enter into these Terms and to fulfil Your contractual obligations hereunder;
- That any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to our Site or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account;
- That the information and Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Site, including without limitation Product Listings, trademarks, logos, screenshots and responses to User Reviews, is accurate and you warrant that you hold all the required rights on them;
- That you will, when posting Product Listings on our Site, adhere to the Guidelines for Product Listings and bear all liability related to your submission of such Content through our Site or Services;
- That you will not (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (ii) provide information known to be false about their company, products and services; or (iii) advertise anything illegal or engage in any illegal or fraudulent business practice;
- That you will not post or otherwise provide Content that is unlawful, tortious, malicious, defamatory, infringing, libellous, abusive, disparaging, paedophilic, pornographic, obscene, invasive of another’s privacy, promotes illegal activities/conduct or violates local, state, national or other applicable laws or regulations;
- That you will not post or otherwise provide Content that you do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or information protected under nondisclosure agreements);
- That you will not post or otherwise provide Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
- That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any Content posted on the Site;
- That you will not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of our Site or our other Vendors without our express written consent;
- That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Site and Services;
- That you will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from any of our Site (except as expressly permitted by us) or otherwise without authorisation use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
- That you will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use;
- That you will not collect or “harvest” from the Site the personal information (“Personal Information”) of other Users or Vendors without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or for any other unlawful purpose; and
- That you will not access our Site and Services by any means other than through interfaces expressly authorised by us and these Terms. At our discretion, we may, but are not obligated to, monitor and terminate your access to your Account, and/or edit or remove Content that violates or otherwise fails to comply with these Terms.
How our Vendor Offerings Work: Every vendor (basic and upgraded) has a Vendor Account and Product Listing, which they are entitled to access and selectively update via the Vendor Portal. Vendor Accounts and Product Information (including Product Profile and Product Listing) posted on our Site are non-removable. We create our Vendor Product Listings from publicly available information in order to ensure a comprehensive picture of every segment of the software industry.
Upgraded Vendor Services: For information on upgraded (paid) Vendor services, contact email@example.com
Vendor Portal: The Vendor Portal is a self-service tool that we make available to vendors, who may log in to update and manage select portions of their Vendor Accounts and Product Listings.
Vendor Accounts: Unlike User Accounts, which are created by individual users and can be removed at the User’s convenience, vendors (both basic and upgraded) do not have individual accounts but rather we create for them Vendor Accounts (which are more akin to company records) from publicly available company information for purposes of administration of the services, content management and back office administration of our Site. Because we create Vendor Accounts for purposes of managing our online services, these Accounts are non-cancellable.
Vendor Product Listings & Profiles: Vendor Product Listings (also known as Profiles) are descriptions of vendor’s products (including vendor name & logo, product name & description, screenshots) created by us from publicly available content, vendor contributed modifications and any other content we create or license, which are featured in our online software directories. Vendor shall ensure that the Vendor Content it contributes or approves for its Product Listing, Profile and other Product Information complies with these Terms and with the Guidelines for Product Listings.
Intellectual Property Rights: Our Sites are comprised of Content created by us, by third parties with whom we work, our Vendors and our Users. This section sets out the ownership and usage rights for each type of Content.
Our Intellectual Property Rights (IP): Our Site, including without limitation the Product Listings we create from publicly available content and any other content we create or license, Services, domain names, and all intellectual property rights therein (collectively, the “Bid Solutions IP”), is the property of Bid Solutions, its Group Companies and is protected by UK and international copyright, trademarks and other intellectual property rights.
We and our Group Companies grant to Vendor a worldwide, revocable, royalty-free, for the duration of the Vendor Account access, non-exclusive license to use, the Bid Solutions IP solely for the completion and modification of Product Listing and Product Profiles. In any other cases and except to the extent otherwise expressly permitted under copyright law, Vendor will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Bid Solutions IP without the express written consent of Bid Solutions or the applicable copyright owner.
Vendor IP: Except for Product Information lawfully created by us, Vendor retains all right, title and interest in and to the Content it submits to us and the content already implemented in the Product Listing (see below) that it can update or modify, including its logos, trademarks and screenshots (collectively, “Vendor IP”) and grants to Bid Solutions and to the Group Companies a, worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license and for the period of the legal protection of the Vendor’s IP (i) to use the Vendor IP in the ordinary course of the business of Bid Solutions and the Group Companies (ii) to advertise, market, promote and publicise Vendor and its products on our Site and our Partner sites; and (iii) to modify and/or remove Vendor Content as we may determine in our sole discretion in accordance with the Guidelines for Product Listings.
Product Listing: Bid Solutions retains all right, title and interest in and to the Product Listing it creates from publicly available content and grants to Vendor free of charge a worldwide and for the duration of Vendor Account access license to use, update and (at our discretion) modify the Product Listing (“Modified Product Listing”). Nevertheless, please note:
- We may make minor modifications to the Modified Product Listing (including adding our own content) to ensure compliance with the Guidelines for Product Listings and for testing and quality control purposes to improve the user experience;
- We may share the Modified Product Listing (including Vendor account information) internally with our Group Companies in the ordinary course of our business; and
- We may post the Modified Product Listing on our Content or Site or the content and sites of our Partners where we place ads in order to drive web traffic and quality leads in the ordinary course of our business.
All intellectual property rights not expressly granted hereunder are expressly reserved to Bid Solutions and to the respective owners of such rights.
COPYRIGHT INFRINGEMENT CLAIMS:
We respect the intellectual property rights of others and will not tolerate infringing activity on our Sites.
If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by us or another person or entity using our Sites or Services, you may submit to firstname.lastname@example.org a written notification, which includes the following information:
- A physical or electronic signature of a person authorised to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Your contact information, including phone number and e-mail address at which you may be contacted;
- Your good faith statement that the use of the work or material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of the allegedly infringed copyright. We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.
Representations & Warranties: Vendor represents and warrants to the best of its knowledge: (1) that it has all necessary right, power and authority to enter into these Terms and to fulfil its contractual obligations hereunder; (2) that the information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Site, including without limitation content, trademarks, logos and screenshots, is accurate and that it holds rights to them; (3) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (4) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (5) that it complies with all applicable laws, statutes, ordinances and regulations.
Disclaimer: YOUR USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT OUR SITE WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITE IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.
Force Majeure: Neither party will be liable for any failure or delay of performance under these Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labour disputes and power failures.
Limitation of Liability: Neither we nor Vendor will be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these Terms or Your use of our Site and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort (including negligence) or under other legal theory), even if advised of the possibility of such damages.
Except for breach of the indemnification section hereunder, each party’s aggregate liability to the other for direct damages under these Terms is limited to £100 GBP (one hundred British Pounds). We expressly disclaim liability for any and all disputes arising between vendors and users of our Site and Services. By accessing and using our Site and Services, You release us and Group Companies from any and all liability for any and all claims arising from disputes between vendors and users of our Site or Services.
Indemnification: Each party to these Terms (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless the other party, its agents, affiliates and employees (in its capacity as “Indemnitee”) from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to a violation of these Terms, except to the extent such losses and expenses arise from the negligence or wilful misconduct of Indemnitee.
Termination by Us: If we have reasonable cause to believe that Vendor is using or attempting to use Our Site and Services for any purpose that contravenes these Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of our Site and Services), we will issue notice to Vendor of such violation. If Vendor continues to violate these Terms following receipt of such notice, we reserve the right, in our sole discretion and without penalty, to modify or discontinue (temporarily or permanently) Vendor’s access to our Site and Services. Your actions may also be subject to civil and criminal liability. The parties acknowledge and agree that the Vendor Account and Product Information (including Product Profile and Product Listing) posted on our Site are non-cancellable. We create our Vendor Product Listings from publicly available information in order to ensure a comprehensive picture of every segment of the software industry.
Governing Law: These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. 11.1. The Vendor shall bear its own legal costs in relation to these Terms.
If any part of these Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining term, and the remainder of such term, shall continue in force with full effect. In the event that such court, tribunal or administrative body of competent jurisdiction decides that such term is not severable, the parties agree to attempt to substitute the relevant term with a valid, enforceable and legal provision which achieves, to the greatest extent possible, the same effect as the original term would have.
Both Parties agree to comply with all applicable local laws and regulations (including without limitation data protection and immigration laws and regulations) which are relevant to each of their obligations under this Agreement.
No provisions of these Terms are enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the agreement.
Waiver & Severability: Our failure to act with respect to a breach will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms.
Rights of Third Parties Unless expressly provided herein, no term of these Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms.