Terms & Conditions
1. Introduction
Welcome to Simply Buying Services LTD. These Terms and Conditions of Business ("Terms") govern the provision of procurement services ("Services") by Simply Buying Services LTD ("Company," "we," "us," or "our") to construction contractors, companies, and any other individuals that subscribe to our service ("Client," "you," or "your"). By engaging our Services, you agree to be bound by these Terms.
2. Services Provided
2.1 Scope of Services:
The Company offers procurement management services that include, but are not limited to, sourcing materials, negotiating with suppliers, and managing logistics for construction projects.
2.2 Customisation:
Services are tailored to meet the specific needs of each Client as outlined in the subscription project agreement ("Subscription Agreement").
2.3 Packages:
The Company offers the following subscription packages:
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Silver Package: Up to 15 quotes and a maximum of 300 product prices sourced from up to 5 suppliers. If you run out of your allowance, additional add-ons will need to be purchased to continue using the service or you may wait until your allowance resets.
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Gold Package: Up to 30 quotes and a maximum of 600 product prices sourced from up to 7 suppliers. If you run out of your allowance, additional add-ons will need to be purchased to continue using the service or you may wait until your allowance resets.
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Premium Package: Up to 45 quotes and a maximum of 900 product prices sourced from up to 10 suppliers. If you run out of your allowance, additional add-ons will need to be purchased to continue using the service or you may wait until your allowance resets.
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VIP Package: Unlimited quotes and unlimited suppliers, subject to a fair use policy. Limited to 150 quotes, 3000 products sourced from up to 15 suppliers per month. If you run out of your allowance, additional add-ons will need to be purchased to continue using the service or you may wait until your allowance resets.
3. Engagement and Term
3.1 Commencement:
The engagement begins upon the Client's acceptance of the Subscription Agreement and continues until the completion of the services specified therein or termination as provided in these Terms.
3.2 Termination:
Either party may terminate the engagement at the end of the current billing period by cancelling the subscription. The Company may terminate immediately for cause, including non-payment or breach of these Terms by the Client.
4. Fees and Payment
4.1 Fee Structure:
Fees for Services will be detailed within the pricing page or on the subscription management page and may include fixed monthly or annual fees, hourly rates, or commissions.
4.2 Payment Terms:
Invoices are payable before the commencement of any services unless otherwise stated by us. Late payments may incur a late payment fee of £25 should our services be used where you have no active subscription.
4.3 Expenses:
The Client shall reimburse the Company for any reasonable out-of-pocket expenses incurred in the provision of Services, subject to prior approval. Examples of this could be where we purchase materials on your behalf, and we would invoice you afterwards to cover our costs.
5. Client Responsibilities
5.1 Information and Access:
The Client shall provide all necessary information and access to relevant personnel, supplier details, and site information to enable the Company to perform the Services effectively. We are unable to refund any subscription costs where the client has not provided us with the information we require to offer our services.
5.2 Compliance:
The Client must ensure compliance with all applicable laws, regulations, and codes in relation to the construction project.
6. Confidentiality
6.1 Confidential Information:
Both parties agree to keep confidential all non-public information obtained during the engagement.
6.2 Supplier Pricing & Credit Limit:
We may at times share supplier rates and/or credit limit information with other suppliers in a format such as a percentage or an approximate value in order to negotiate better prices & a higher credit limit for you.
6.3 Exceptions:
Confidential information does not include information that is publicly available, disclosed by a third party legally entitled to do so, or required to be disclosed by law.
7. Intellectual Property
7.1 Ownership:
All intellectual property created by the Company in the course of providing the Services shall remain the property of the Company unless otherwise agreed in writing.
8. Warranties and Liability
8.1 Warranties:
The Company warrants that it will provide the Services with reasonable skill and care. Except as expressly stated, all warranties, express or implied, are excluded.
8.2 Limitation of Liability:
To the fullest extent permitted by law, the Company’s liability for any claim arising out of the provision of Services shall be limited to the amount paid by the Client for those Services. The Company shall not be liable for any indirect, incidental, or consequential damages.
9. Indemnification
The Client agrees to indemnify and hold harmless the Company from any claims, damages, liabilities, costs, and expenses arising out of or in connection with the Client's breach of these Terms or the Subscription Agreement.
10. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including natural disasters, war, or labour disputes.
11. Governing Law and Dispute Resolution
11.1 Governing Law:
These Terms shall be governed by and construed in accordance with the laws of The United Kingdom.
11.2 Dispute Resolution:
Any disputes arising under these Terms shall be resolved through good faith negotiations. If unresolved, disputes shall be submitted to mediation or arbitration in The United Kingdom.
12. Miscellaneous
12.1 Entire Agreement:
These Terms, together with the Subscription Agreement, constitute the entire agreement between the parties and supersede all prior agreements.
12.2 Referral Fees:
The Company may receive a referral fee or commission for introducing the Client to a new supplier, or from an existing supplier as part of ongoing procurement arrangements. These referral fees or commissions may be one-off or ongoing.
12.3 Amendments:
Any amendments to these Terms must be in writing and signed by both parties.
12.4 Assignment:
The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company.
12.5 Severability:
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
12.6 Document Storage:
The Company will securely store personal documents on behalf of the Client, which can be accessed within their client portal. The Client must take steps to ensure access to the portal is only given to individuals who are authorized to see the data. The Company shall not be held liable for any unauthorized access to the portal or any personal information.
12.7 Supplier Quotes:
The Client is responsible for checking supplier quotes against the information provided through our data entry services. Supplier quotes will be accessible within the Client Portal for verification. The Company shall not be liable for any errors or omissions in the supplier quotes provided, and the Client accepts full responsibility for verifying the accuracy of the supplier quotes received.
12.8 Acknowledgments:
The Company will check and manage up to 50 acknowledgments per month as part of your subscription. These acknowledgments will be available within the Client Portal for your review. If you require assistance with more than 50 acknowledgments, we reserve the right to charge for customers that regularly exceed this limit. The Company shall not be liable for any errors or omissions made during the acknowledgment checking process, and the Client accepts full responsibility for verifying the accuracy and completeness of the acknowledgments provided.
13. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Simply Buying Services LTD
Unit A, 82 James Carter Road
Mildenhall, IP28 7DE
Email: info@simplybuying.co.uk
Phone: 020 8058 8068
By engaging our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions of Business.