Terms of Service
Accredited Supplier (accreditedsupplier.co.uk, our, we) shall provide leads to the supplier (you, your), and this contract will govern that relationship. Request for proposals requested by buyers (those that request a proposal/quotation through Accredited Supplier) who Accredited Supplier believes are looking to buy a service (a service could include any product or service whatsoever) will be provided to you. The laws of Scotland will govern this contract and any litigation will happen exclusively in the Scottish courts. This contract alone will govern the entire relationship between the parties. If any term contained within this agreement is deemed to be void, the remainder of the contract will continue to exist absent the void term.
YOUR ACCEPTANCE OF THESE TERMS OF SERVICE DOES NOT ENTITLE YOU TO RECEIVE LEADS FROM ACCREDITED SUPPLIER. YOUR ACCEPTANCE ACTS AS AN INVITION FOR ACCREDITED SUPPLIER TO ACCEPT YOUR APPLICATION AT ANY TIME DURING THE NEXT TWELVE MONTHS SUBJECT TO THE TERMS OF SERVICE OUTLINED HEREIN, AND ONLY AT THE POINT OF ACCEPTANCE (EFFECTIVE DATE) DOES THIS CONTRACT COMMENCE. YOU MAY RECTRACT YOUR OFFER AT ANY TIME BEFORE THE CONTRACT BECOMES EFFECTIVE BY WRITING TOLEGAL@ACCREDITEDSUPPLIER.CO.UK.
1.2 Further to this contract becoming effective, any deviation from this agreement or any additional contracts or promises made between the parties must be agreed in writing by both parties, including agreement from a director of Accredited Supplier’s owner unless the changes are communicated through our website apart from the exceptions outlined in 1.4.
1.3 Because price is subject to change, this will be communicated by an Accredited Supplier representative or may be available through our website before this agreement is accepted by both parties. The price you have been quoted will form part of the agreement as well as any Select Terms which exist particular to your lead category or service. The number of leads you receive per month is also subject to the agreement reached between both parties.
1.5 Accredited Supplier may cancel this contract at any time giving 5 working days notice.
1.6 If your contract is cancelled by Accredited Supplier and you have breached any terms outlined in our Terms of Service, you will not be entitled to any refund for any outstanding balance you have with Accredited Supplier. If your contract is cancelled for any other reason, you will be entitled to a refund for any leads that you have paid for that you have not yet received with the per lead price remaining the same as agreed for the purpose of the calculation.
2.1 COMPANIES HAVE BEEN KNOWN TO BUY LEADS THROUGH REQUEST FOR PROPOSAL COMPANIES, BROKERS AND COMPARISON COMPANIES AND OTHER COMPANIES WITH A SIMILAR BUSINESS MODEL TO ACCREDITED SUPPLIER AND THEN RESELL THESE LEADS TO ONE OR MULTIPLE SOURCES. THIS BEHAVIOUR IS STRICTLY PROHIBITED AND ACCREDITED SUPPLIER WILL CONTACT THE RELEVANT AUTHORITIES IMMEDIATELY IN THE INSTANCE WHERE WE SUSPECT SUCH BEHAVIOUR TO EXIST. YOU AGREE THAT THIS BEHAVIOUR COULD NEGATIVELY IMPACT OUR RELATIONSHIP WITH ALL OF OUR SUPPLIERS AND BUYERS, INCLUDING SUPPLIERS AND BUYERS WE MAY DEAL WITH IN THE FUTURE, AND THAT YOU WILL BE RESPONSIBLE FOR ALL DAMAGES THAT ARE INFLICTED AS A RESULT OF BREACH OF THIS TERM. YOU ALSO AGREE THAT THIS WILL NEGATIVELY IMPACT OUR RELATIONSHIP WITH ALL EXISTING MEDIA COMPANIES AND PARTNERS THAT HELP US TO DRIVE LEADS, AND THAT IT WILL NEGATIVELY IMPACT OUR ABILITY TO DEVELOP FURTHER RELATIONSHIPS WITH MEDIA COMPANIES AND PARTNERSHIPS.
2.2 You agree not to resell or pass on leads or lead details, in whole or in part, to another legal entity, person(s), partner, client, subsidiary, or affiliate. You agree not to contact a buyer claiming to be any other organisation or use another trading name other than the one provided to us. Suppliers accept full responsibility for ensuring that the details Accredited Supplier maintains correlate to the company name or trading name that they use when they contact buyers. You may contact us at any time if you wish to change your trading name or company name that you use, and you will be entitled to start using that name when contacting buyers immediately. You may never contact a buyer using two different names, or contact a buyer in any way that could reasonably give rise to the perception that one or more entities are contacting them, whether intentionally or not.
2.3 You agree that Accredited Supplier reserves the right to bar you from contacting leads that you have acquired through Accredited Supplier and that no refund will be made available in the instance where you breach the terms of this agreement or we receive complaints regarding the level of service that you offer.
3. Both parties agree not to disclose either’s business practices or information that is not already available in the public domain that they come to know through this relationship.
4.1 ACCREDITED SUPPLIER MAY ONLY BE LIABLE TO A SUPPLIER FOR THE VALUE OF SERVICES PURCHASED FOR ANY DIRECT OR INDIRECT, PUNITIVE OR EXEMPLARY, LOSS OF PROFIT, LOSS OF REVENUE, DAMAGE TO REPUTATION, DELAYS, DEMANDS, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE, BUYER’S PAYMENT DEFAULT OR FAILURE TO MEET OBLIGATIONS, BUYER’S NEGLIGENCE, OR ANY OTHER LEGAL THEORY, INCLUDING LEGAL FEES, ARISING FROM THIS AGREEMENT.
4.2 ACCREDITED SUPPLIER MAY BE LIABLE TO A SUPPLIER TO A MAXIMUM VALUE OF THE TOTAL VALUE OF SERVICES PURCHASED FOR ANY DIRECT OR INDIRECT, PUNITIVE OR EXEMPLARY, LOSS OF PROFIT, LOSS OF REVENUE, DAMAGE TO REPUTATION, DELAYS, DEMANDS, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE, BUYER’S PAYMENT DEFAULT OR FAILURE TO MEET OBLIGATIONS, BUYER’S NEGLIGENCE, OR ANY OTHER LEGAL THEORY, INCLUDING LEGAL FEES, ARISING FROM THIS AGREEMENT ONLY IF THE SUPPLIER’S GRIEVANCE IS RAISED WITHIN 30 DAYS OF ACCREDITED SUPPLIER’S PROVISION OF THE LEAD OR THE OCCURRENCE GIVING RISE TO THE CLAIM.
4.3 ACCREDITED SUPPLIER MAY ONLY BE LIABLE TO A SUPPLIER TO A MAXIMUM VALUE OF THREE TIMES THE COST OF THE LEAD FOR ANY DIRECT OR INDIRECT, PUNITIVE OR EXEMPLARY, LOSS OF PROFIT, LOSS OF REVENUE, DAMAGE TO REPUTATION, DELAYS, DEMANDS, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE, BUYER’S PAYMENT DEFAULT OR FAILURE TO MEET OBLIGATIONS, BUYER’S NEGLIGENCE, OR ANY OTHER LEGAL THEORY, INCLUDING LEGAL FEES, ARISING FROM THIS AGREEMENT FALLING DUE AS A RESULT OF ACCREDITED SUPPLIER’S PROVISION OF A LEAD.
5.1 You accept that receiving buyer’s lead details and contact details should in no way be interpreted as an offer from Accredited Supplier or our buyers and is merely an invitation to provide a quotation or proposal.
5.2 You accept that, as part of your application, Accredited Supplier may perform a credit check on you personally (where applicable) and your business.
5.3 You accept that Accredited Supplier may contact your clients, check examples of your work and perform research on you, your staff and your business.
6. You agree that you may only be able to use Accredited Supplier’s service for the duration of which you are considered to provide a competent and valuable service to buyers and your clients. Should Accredited Supplier, at any time, at our sole discretion, judge that you are not capable of, or have not in the past, provided a service to said standards, this contract will be terminated.
7. You agree that Accredited Supplier will take on no rights or obligations arising from your relationship with buyers and that any relationship will solely be between you and them.
8.1 You may not charge buyers for the preparation or delivery of proposals or quotations as Accredited Supplier make claims to buyers that they shall receive proposals or quotations free of charge. You must respond to all requests for quotations within 2 business days.
8.2 You must email a quotation to each buyer, sending a carbon copy to email@example.com, within 2 business days of receiving the lead details.
8.3 In the instance where you have insufficient detail to provide a fixed price quotation, you should send the buyer details of your pricing within 2 business days of receiving the lead details.
9. Service Level Agreement
(1) You may not miss deadlines with Accredited Suppliers’ buyers on over 10% of engagements.
(2) You must bill buyers in a clear and transparent manner, making them aware of any costs or potential costs before they agree to commence an engagement.
(3) You must complete over 90% of engagements to buyers’ satisfaction.
(4) Any risks or uncertainties surrounding the engagement must be communicated from the outset.
(5) You, or your staff, may not compete with buyers without their explicit, written, approval.
(6) Where you have a conflict of interest, this must be disclosed to buyers.
(7) You must apply industry best practices in completing all work.
10.1 You agree that you may not dispute the suitability or quality of leads you receive based on buyer’s budget, your ability to provide the service, the buyer’s timeframe for executing on the project, the buyer’s location, the intent of the buyer, whether or not providing the service would be financially viable, whether or not you have the expertise to provide said service, or the time from which Accredited Supplier receives the lead until the lead details are passed onto you.
10.2 You agree that you will complete your own research on a buyer before working with them and that you are making an independent decision to work with them, in no way influenced by Accredited Supplier.
10.3 You agree that the quality or suitability of a lead will be judged solely at the discretion of Accredited Supplier.
10.4 You may only dispute the quality or suitability of a lead within 5 working days of receiving it, and afterwards you are not entitled to dispute the quality or suitability of a lead.
10.5 You agree that a buyer may not have necessarily asked for quotes or proposals from the service type that you have asked to receive leads from and that Accredited Supplier may judge your suitability to provide a service to the buyer at our sole discretion.
10.6 Accredited Supplier accepts no responsibility for the effective delivery of leads. You agree that Accredited Supplier will provide leads by email. You may call Accredited Supplier at any time to ask for an update on any leads that have been sent.
10.7 You must email firstname.lastname@example.org to dispute the quality of a lead.
11.1 Maximum number of leads: When you sign up for Accredited Supplier, you will be asked to select the maximum number of leads you would like to receive each calendar month. You may increase/decrease this number with the consent of Accredited Supplier, as outlined elsewhere in this agreement.
11.2 Cost per lead: When you sign-up for Accredited Supplier, a price per lead will be agreed. This may be subject to change, as outlined elsewhere in this agreement. VAT may be added to the cost per lead at the sole discretion of Accredited Supplier, as permitted by law.
11.3 Monthly budget: Monthly budget indicates the maximum budget agreed for each calendar month. This will be calculated by multiplying the cost per lead by the maximum number of leads selected for each month.
11.4 Due date: Payments will be due on the 1st of the month, in advance, for the month ahead. On January the 1st, for example, suppliers will be due their monthly budget for the leads they have agreed to receive throughout January.
11.5 Payment Method: You may pay by debit/credit card or another method if mutually agreed by both parties.
11.6 Should you provide debit/credit card details, we may bill you on the due date or afterwards for any balance outstanding. This includes any amount owed that is accrued from previous months and any late payment penalties.
11.7 In the event a payment falls 5 days late, Accredited Supplier are entitled to charge a late payment charge of £30 + VAT. This will continue to be charged each time a client continues to have a balance outstanding beyond each month’s due date that they continue to use the service.
11.8 In the instance where payment falls overdue, Accredited Supplier reserves the right to not give you access to your leads. Accredited Supplier may decide to provide the leads to another business in order to ensure, to the best of our abilities, buyers receive six proposals. You will continue to be charged for your leads during this time, and you will only be granted access to the leads after completing payment at the sole discretion of Accredited Supplier. This will not be possible if we have already assigned each lead to six businesses.
11.9 In the instance where payment falls overdue by 5 days, Accredited Supplier reserves the right to demand the next 3 calendar month’s payment in advance, in addition to any debt outstanding, including late payment fees, within 5 working days.
11.10 The supplier agrees to pay all court and legal costs associated with collecting any balance owed.
11.11 Under the Late Payment of Commercial Debts Regulations 2002 and the Late Payment of Commercial Debts [Interest] Act 1998, as amended and supplemented, Accredited Supplier are entitled to charge interest in the event of late payment.
11.12 Should the supplier be based out with the UK, the supplier agrees to pay 1.5% interest per month or the greatest amount permitted by law, whichever is lowest.
11.13 All sales are final.
12. Should you choose to cancel this contract, it will take effect 3 calendar months preceding the 1st of the next month after you initiate your cancellation.
13. Accredited Supplier makes no guarantees that you will be able to receive the maximum number of leads due to the unpredictability of buyer’s lead requests. If Accredited Supplier is unable to provide the maximum
number of leads you have asked to receive in a given month, we will provide more leads in future months to compensate. If we are unable to provide the total number of leads within 12 months, you will be entitled to a refund on a pro rata basis based on how many leads you have received.
14. You agree that that Accredited Suppliers makes no guarantees that you will generate any revenue/sales or profit whatsoever from use of our service.
15. Nothing in this agreement gives any rights or obligations for a supplier to use Accredited Supplier’s intellectual property without our express permission. In the instance where this granted, it may be revoked at any time giving 2 business days notice.
16. You are providing Accredited Supplier with a perpetual license to use your company name, trademarks and logos that will survive the termination of this agreement.
18. This agreement will not confer or create any rights, obligations or benefits on any person or entity other than the parties entering into this agreement, with the exceptions outlined in 19.1.
19.1 IN CONSIDERATION OF THE SUPPLIER ENTERING INTO THIS AGREEMENT WITH ACCREDITED SUPPLIER, YOU PERSONALLY (THE PERSON ENTERING INTO THIS AGREEMENT ON BEHALF OF THE SUPPLIER) AGREE TO BE HELD LIABLE FOR ALL CONTRACTUAL OBLIGATIONS UNDERTAKEN BY SUPPLIER, INCLUDING COMPLETE AND TIMELY PAYMENT OF ALL SUMS DUE UNDER THIS AGREEEMENT.
19.2 You or you personally may request that Accredited Supplier perform a credit check on the supplier to evaluate whether 19.1 may be excluded. Once you have received a FORM 281 (PERSONAL EXCLUSION ORDER) you may accept the Terms Of Service without any liability on your part, subject to the terms outlined in the form.
19.3 The terms outlined in 19.1 can be voided through requesting a FORM 280 (ALTERNATIVE PAYMENT SCHEDULE) and the supplier agreeing to an alternative payment schedule. Once you have received this form, you will be entitled to complete this agreement without the inclusion of 19.1, per the terms outlined in the form.
20. Should you wish to negotiate any term(s) contained within this agreement or wish Accredited Supplier to accept additional or alternative obligations, please contact email@example.com and you will receive an initial response within 5 business days as we consider your suggestions.
21. You agree that in the instance where you have a subsidiary or parent company, that such entity may make decisions on your behalf as so far as your relationship with Accredited Supplier and your rights and obligations enacted by this agreement.