Terms & Conditions
Terms & Conditions – ‘Client’ refers to the individual/organisation requesting a service as described below from TenderFinder.MT, operated by CodeBlack Ltd, hereinafter referred to as the ‘Provider’.
TenderFinder.MT is a website which aggregates tenders of various natures and in different economic sectors, and while grouping the same according to different criteria, makes it easier for the Clients to identify those tenders in which the Client may be willing to participate, also notifying the Client of any such tenders that might be of interest to it, depending on the criteria provided by the Client upon registration and as may be amended thereafter from time to time. The service provided may be changed from time to time, sources of tenders may change, and features may be added or removed at the discretion of the Provider/TenderFinder.MT.
Subscription, Payment and Renewal
Payment shall be made on an annual basis, in such a manner that it shall be set out as a set fee as may be indicated from time to time, which fee shall cover the period of twelve (12) calendar months from the date of subscription.
Subscription to the service shall be automatically renewed for a further twelve (12) month period on the lapse of the said twelve (12) month period and this against the fee as may be indicated on the website from time to time.
At any point throughout the validity of a subscription, the Client may opt to add additional services/features to his subscription as may be made available by the Provider from time to time, against payment of the relative fee. Any such fee shall cover the period of twelve (12) calendar months from the date of subscription . Any additional services/features subscribed to shall be automatically renewed in terms of the above.
Fees and costs may change from time to time at the sole discretion of the Provider. Such fees shall be available publicly on the Provider’s website. The fee applicable shall be the last published fee before the commencement of the ninety (90) day period indicated below. Receipts for any payments made will be sent via email to the email address provided by the Client upon subscription to the Service.
In the event that the Client does not wish to renew his subscription, whether in its entirety or whether with respect to certain services/features, notice of such intention shall be communicated to the Provider by means of an email confirming such intention at least ninety (90) days before the end of the year in question.
Prices and costs quoted are exclusive of Value Added Tax. All services are subject to the local Value Added Tax regime at such rates as may be applicable from time to time.
No discounts may be given for the Services provided. In the event of cancellation of the subscription, no refunds may be given.
Presently payments and subscriptions are being processed via the services of third party, currently https://stripe.com/en-ee, however, this may be substituted or changed from time to time at the discretion of the Provider.
Termination by the Provider
The Provider reserves the right to terminate the provision of its services through TenderFinder.MT, in whole or in part, at any point in time, in which case, it shall not be obliged to pay to the Client any fees already collected in advance with respect to the services covered by this agreement.
Nature of Service, Accuracy, Limitation of Liability & Waiver
Client understands and acknowledges that the Provider shall operate as an aggregator and compiler of data which is made available by third parties with whom it has no contract and/or relationship whatsoever. Consequently, the Provider cannot confirm that any information provided on the website is accurate, legitimate or that it conforms to all applicable legal requirements. The Provider shall in no event assume any responsibility for any inaccuracies in the information/content that may be made available, directly or indirectly, by third parties or if any such information/content made available by third parties infringes copyright laws and regulations. In this regard, the Client renounces for any and all right to make any claim against the Provider in relation to any loss or damages that the Client may suffer, including direct or indirect damages, costs, loss of earnings, whether actual or potential and missed business opportunities. The Provider shall not be responsible for any incorrect or inaccurate information forming part of the Service. Client binds itself to verify any information and its accuracy as it may deem fit, at its own risk.
In the event that the terms of any tender indicated on the Provider’s system are changed or altered at any point in time, it shall be the sole and exclusive responsibility of the Client to verify same and be aware of any such changes, and the Provider shall not be responsible for any loss which may be suffered by the Client in view of any such changes or alterations.
Provider will not be liable to the Client (whether under the law of contact, the law of tort or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the website or services rendered through the same; (i) for any indirect, special or consequential loss; or (ii) for any business losses, loss of revenue, income, profits or anticipated profits/savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if the Client has been expressly advised of the potential loss. The Client consequently waives any relative right of action competent to it or which may become competent to it in the future.
By using the website, the Client agrees that the exclusions and limitations of liability set out in this Contract are reasonable. If the Client does not think that they are reasonable, the Client must refrain from using the website or the services rendered thereby.
Any content collected from third parties will be made available as provided, in the same format and language as made available by the third party.
Neither party will incur any liability to the other if its performance of any obligation under this Contract is prevented or delayed by causes beyond its control and without the fault or negligence of either party. Causes beyond a party’s control may include, but are not limited to, acts of God, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics, pandemics or similar events and quarantines, general strikes throughout the trade and freight embargoes, stoppage, disruption, suspension or other interruption of services by third parties upon whom the Provider is dependent in order to provide services in terms of this agreement. The performing party shall notify the other party hereto via email within ten (10) days of the date on which it becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Upon such notification being received the parties hereto shall agree upon a reasonable extension period within which the services contemplated in this Contract are to be completed, which extension period is to be proportionate to the delay suffered.
Use of Third Party Support and Components
Provider reserves the right to use any framework, software, application payment system etc developed by third parties. Any update and/or changes to the same would be outside Provider’s control and should any modifications to the service become necessary as a direct or indirect consequence of such change/update, such modifications shall be made by the Provider and the Client shall effect any necessary changes from his end as may be required.
Web Hosting and Data Processing
Provider reserves the right to host the necessary backend and other material in any manner in its discretion, with the right to change the same from time to time. While Provider does its best to ensure that its systems are not hacked or accessed without authorisation, Provider will not be liable for any possible damage that may be caused in this event. Provider will not be held responsible for any loss or damage (understood in the widest terms possible, including, but not limited to loss of earnings, direct damages, loss of data etc) in the event that the systems used by it, in whole or in part, directly or indirectly, in the provision of the service are attacked, hacked, accessed without permission or authorisation, or otherwise compromised. At present the Provider is using the services of, amongst others, Google Cloud, HetznerGmbh and Amazon Web Service
Should payment terms not be honoured Provider reserves the right to terminate continued provision of service, and the parties agree that such termination shall not be deemed to constitute an act of breach of contract or spoliation. and same is specifically and irrevocably being consented to and pre-authorised by the Client who renounces to the exercise of any civil or penal action in connection therewith.
Provider does not warrants continuity of service for any period.
Provider retains any and all rights related to the Service provided and any trade names, trademarks, logo, emblems, distinguishing marks and other devices associated in any manner with the provision of the service
This Contract shall be governed by and construed in accordance with the laws of Malta and any disputes will be subject to the exclusive jurisdiction of the courts of Malta. The Parties shall used their best endeavours to resolve any possible dispute that may arise between the Parties in an amicable and timely manner.
Third Party Components
Provider has no control over third party components necessary for the provision of the service. If the such third parties introduce a charge or change the way they work, any resulting costs will be at the sole and exclusive charge of the Client, and consequently Provider is hereby being authorised in advance to charge the Client accordingly and to be paid any amount thus due.
All communication and material supplied by the Provider are confidential to the Client. The use of the same shall be limited to the staff employed by the Client on a full or part time basis and on a need-to-know basis. The Client further undertakes not to disclose, reveal, communicate or otherwise make public to anyone at any time any information relating to the Provider, its business, personnel, agents or officers.
Data Processing Limitations and Obligations
The Client shall be solely and exclusively responsible for the observance of any limitations, obligations and other requirements related to the processing and / or controlling of personal data of any person which may be applicable in terms of Maltese as well as EU legislation regarding its operations. Any such compliance shall be solely and exclusively the responsibility of the Client and for the avoidance of doubt the Client declares that it is aware that the Provider is not in any manner a controller or processor of data collected through or related to the Client’s operations. The Client confirms that it shall take all necessary measures in terms of legislation which may be in force from time to time in order to ensure that it is compliant in all its activities with any and all relevant data protection legislation, including but not limited to, the General Data Protection Regulation and any act transposing the same into Maltese Law. In the event that Provider is made subject to any proceedings or to the imposition of any fines and/or penalties related to the non-observance of such regulations by the Client, the Client shall indemnify in full and hold harmless Provider against any and all such fines and/or penalties as well as any other related claims, costs and expenses, including attorney’s fees.
The Client acknowledges that the Service supplied by the Provider may not be accessible to any persons who may be affected by any form of disability to any degree, including but not limited to visual impairment. In the event that it results that the Service is not fully compliant with Maltese as well as applicable EU legislation regarding accessibility to software by persons affected by any form of disability to any degree, including but not limited to visual impairment, the Client waives any right of action it may have, whether in contract, tort or quasi contract without any reservations or conditions. Provider specifically states that it is not giving any warranty as to such compliance. The Client engages the services of the Provider at its own risk, and confirms to have verified any compliance issues and that it is satisfied with the same. For the avoidance of doubt, the Client declares that it shall assume any and all liability which may arise through the use of any service or part thereof which shall not be compliant, in whole or in part, with applicable legislation regarding accessibility by persons affected by any form of disability to any degree, and the Client shall indemnify in full and hold harmless the Provider against any and all fines and/or penalties as well as any other related claims, costs and expenses, including attorney’s fees.
In performing the services required by this Contract, the Provider will act as an independent contractor and not as an employee or agent of the Client.
The Client must not use the Service in any way that causes, or may cause, damage to the Provider or third parties, or any impairment of the availability or accessibility of the service, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The Client hereby indemnifies the Provider and undertakes to keep Provider harmless and indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by Provider to a third party in settlement of a claim or dispute on the advice of Provider’s legal advisers) incurred or suffered by Provider arising out of any breach by the Client of any provision of these Terms and Conditions.
Without prejudice to Provider’s other rights under these Terms and Conditions, if the Client breaches these Terms and Conditions in any way, Provider may take such action as it deems appropriate to deal with the breach, including by suspending the Client’s access to the service, in whole or in part, and this without any limitation to its rights at law.
Provider may transfer, assign, sub-contract or otherwise deal with its rights and/or obligations, in whole or in part, under these Terms and Conditions without notifying the Client or obtaining the Client’s consent. Provider reserves the right to cooperate with third parties in the provision of the service. Provider maintains the sole authority for deciding how and in what manner the service will be delivered.
The Client may not transfer, assign, sub-contract or otherwise deal with its interests, rights and/or obligations under these Terms and Conditions in any manner or to any degree.
If at any time the Client experiences support issues, the same are to be resolved by the Client at his own cost, and Client enters into this agreement at his own risk, in full knowledge that requirements may be changed from time to time in line with updates that may be made to the service by the Provider.
If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in full force and effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
The persons representing the Client confirms he is duly authorised by the Client to enter into the present agreement and to represent the same hereupon.
These Terms and Conditions and this Contract generally constitute the entire agreement between the Provider and the Client in relation to the subject matter hereof and supersede all previous agreements in respect thereof.