TenderSource

Terms and Conditions of Service

Last updated: January 2026

1. Introduction and Definitions

These Terms and Conditions ("Terms") govern your use of the TenderSource subscription service ("Service") provided by TenderSource ("we", "us", "our"), operated by Duncan Smith, a sole trader registered in England.

By subscribing to the Service, you ("Subscriber", "you", "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

Key definitions:

"Service" means the TenderSource tender intelligence subscription service, including tender alerts, assessment reports, and related information delivered to Subscribers.

"Report" means the tender assessment documents we provide, including incumbent analysis, win probability estimates, competition assessments, and related intelligence.

"Subscription Period" means the monthly period for which the Subscriber has paid for access to the Service.

"Tender" means any public sector, charity, education, or other procurement opportunity that we identify and assess as part of the Service.

2. Service Description

2.1 What We Provide

TenderSource is a tender intelligence service for creative and digital agencies. We identify public sector, charity, and education tenders relevant to your agency's services and provide detailed assessment reports to help you decide which opportunities are worth pursuing.

Each Report typically includes:

• Tender summary (organisation, project, budget, deadline)

• Win probability assessment with reasoning

• Incumbent analysis and relationship status

• Competition level estimate

• Red flags, risks, and opportunities

• Tender complexity and estimated bid preparation time

• Decision-maker contact information (where available)

• Links to full tender documentation

2.2 Matching and Filtering

We filter tenders based on criteria you provide, including your services, sector experience, preferred contract sizes, and geographic preferences. We will only send Reports for tenders we reasonably believe match your stated criteria.

2.3 Delivery

Reports are delivered by email, typically on the same day a matching tender is published. The frequency of Reports depends on market activity in your sector – some periods may have more opportunities than others.

3. Subscription and Payment

3.1 Subscription Fee

The Service is provided on a monthly subscription basis at £199 per month (inclusive of VAT where applicable). This fee covers unlimited Reports matching your agreed criteria during the Subscription Period.

3.2 Payment Terms

Payment is due in advance at the start of each Subscription Period. We accept payment by bank transfer, direct debit, or such other methods as we may specify. Continued access to the Service is conditional on timely payment.

3.3 No Refunds

Subscription fees are non-refundable. If you cancel during a Subscription Period, you will continue to receive the Service until the end of that period, but no refund will be provided for the unused portion.

3.4 Price Changes

We reserve the right to change the subscription fee upon reasonable notice (minimum 30 days). Any price change will take effect from the start of your next Subscription Period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

4. Cancellation

4.1 Your Right to Cancel

You may cancel your subscription at any time by notifying us in writing (email is sufficient). Cancellation will take effect at the end of your current Subscription Period. There are no cancellation fees, exit penalties, or minimum commitment periods.

4.2 Our Right to Terminate

We may terminate your subscription immediately if you breach these Terms, fail to pay fees when due, or use the Service in a way that we reasonably consider harmful to our business or other users. In such cases, no refund will be provided.

4.3 Effect of Termination

Upon termination, your access to the Service will cease. You may retain any Reports already delivered to you, subject to the restrictions in Section 6.

5. Accuracy and Limitations

5.1 Nature of Information

The information in our Reports is based on publicly available sources, our own research, and professional judgement. It is intended to assist your decision-making but should not be relied upon as the sole basis for any business decision.

5.2 Win Probability and Assessments

Win probability percentages and other assessments are informed estimates based on available evidence. They are not guarantees or predictions of outcome. Actual results may differ materially from our assessments. We do not guarantee that you will win any tender, regardless of the assessment we provide.

5.3 Accuracy of Information

While we take reasonable care to ensure the accuracy of information in our Reports, we do not warrant that all information is complete, accurate, or up to date. Contact details, incumbent information, and other data may change without notice. You should verify critical information independently before relying on it.

5.4 No Professional Advice

The Service does not constitute legal, financial, or professional advice. You should seek independent professional advice where appropriate before making significant business decisions based on our Reports.

6. Intellectual Property and Permitted Use

6.1 Ownership

All Reports, assessments, analysis, and other materials we provide remain our intellectual property or that of our licensors. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the Reports for your own internal business purposes.

6.2 Permitted Use

You may use Reports to inform your own tendering decisions and share them with employees and contractors who need access for that purpose. You may not resell, redistribute, publish, or share Reports with third parties outside your organisation without our prior written consent.

6.3 Competitor Use

You may not use the Service if you operate a competing tender alert, tender intelligence, or bid consultancy service, unless we have given prior written consent.

7. Data Protection and Privacy

7.1 Your Data

We collect and process personal data in accordance with our Privacy Policy and applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR). By subscribing, you consent to such processing.

7.2 Contact Information in Reports

Reports may include contact information for decision-makers at procuring organisations. This information is obtained from publicly available sources (such as LinkedIn and organisational websites). You agree to use such information responsibly and in compliance with applicable laws, including data protection and anti-spam regulations.

7.3 Confidentiality

We will treat information you provide about your agency, services, and preferences as confidential and will not share it with third parties except as necessary to provide the Service or as required by law.

8. Limitation of Liability

8.1 Exclusion of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business opportunities, goodwill, or data, arising from or related to your use of the Service.

8.2 Cap on Liability

Our total liability to you for any claims arising from or related to the Service shall not exceed the total subscription fees you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.

8.3 No Liability for Tender Outcomes

We accept no liability for the outcome of any tender you choose to pursue or not pursue based on our Reports. The decision to bid on any tender, and the preparation and submission of any bid, is solely your responsibility.

8.4 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, or failure of third-party services.

9. Disclaimers

9.1 Service Provided "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 No Guarantee of Results

We do not guarantee that use of the Service will result in successful tender outcomes, increased win rates, or any specific business results. Past performance of other subscribers is not indicative of future results.

9.3 Third-Party Content

Our Reports may contain links to third-party websites, tender portals, or other external content. We are not responsible for the content, accuracy, or availability of such third-party resources.

10. Your Obligations

As a Subscriber, you agree to:

• Provide accurate information about your agency, services, and preferences to enable effective tender matching

• Notify us promptly of any changes to your requirements or contact details

• Use the Service and Reports only for lawful purposes and in accordance with these Terms

• Not attempt to circumvent, disable, or interfere with the Service

• Not use contact information from Reports for spamming, harassment, or any unlawful purpose

• Comply with all applicable laws and regulations in your use of the Service and in any tender submissions you make

11. General Provisions

11.1 Entire Agreement

These Terms constitute the entire agreement between you and TenderSource regarding the Service and supersede all prior agreements, representations, and understandings.

11.2 Amendments

We may amend these Terms from time to time by posting updated Terms on our website and/or notifying you by email. Continued use of the Service after such notification constitutes acceptance of the amended Terms.

11.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.5 Assignment

You may not assign or transfer your subscription or any rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor or acquirer of our business.

11.6 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Contact Information

If you have any questions about these Terms or the Service, please contact us:

Email: duncan@tendersource.co.uk

Phone: 01908 465274

Address: TenderSource, Milton Keynes, United Kingdom

By subscribing to TenderSource, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.