Terms & Conditions


Please read carefully the Terms and Conditions set out in this Agreement before accepting them.

1. About Us

1.1 Tritender Ltd is a trading division of The Trisaas Group Ltd, a private company limited by shares incorporated in Scotland with registered number SC567283 and having its registered office at 38 Beansburn, Kilmarnock KA3 1RL (“the Provider”). We operate the website www.trisaas.com.

1.2 To contact us telephone our customer service team at 08448 111 451 or e-mail support@trisaas.com  How to give us formal notice of any matter under this Agreement is set out in clause 14.

2.Terms and Conditions

This Agreement, together with the policies posted on this website, constitutes the contract between you (“the Supplier”) and the Provider and shall apply to the Supplier’s use of the procurement platform provided on this website  (“the Application”), which shall be accessed and/or used by the Supplier under this Agreement and hosted on the Provider’s server or such other reputable third-party server selected at the sole discretion of the Provider and accessed by the Supplier from a remote location.

3. About the Application

The Application is a platform that brings together buyers and suppliers. Buyers are able to access a directory of suppliers and create tenders for goods or services through the Application by either inviting specific suppliers to bid on a tender or making a tender publicly available to all suppliers on the Application.  

Any contract formed as a result of a successful tender will be a direct contract between the buyer and supplier involved. The Provider shall not be a party to, and will not be involved with, any contract created as a result of a successful bid made through the Application.

The Supplier acknowledges that the Provider makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the Supplier’s correspondence with any third party using the Application, or any transactions completed, and any contract entered into by the Supplier, with any such third party.

The Supplier acknowledges and accepts that by registering on the Application its profile details will be made available to all buyers using the Application.

4. Provider Services

4.1 The Provider shall use reasonable endeavours to ensure that the Application will (subject to the other terms of this Agreement) be available continuously but does not warrant error free uninterrupted service.

5. Conditions of Use

5.1 The Supplier is solely responsible and liable for use of the Application by its personnel including but not limited to proper use of its login IDs and passwords. The Supplier must notify the Provider immediately if it suspects that there has been any breach of this provision.

5.2 The Application must only be accessed and used by representatives of the Supplier to the extent that they are authorised to do so, and such representatives shall be deemed to have authority to legally bind the Supplier. Shared access (with non-Supplier personnel) to the Application is not permitted under this Agreement without the Provider’s prior written consent.

5.3 The Supplier shall not, without the prior written consent of the Provider, reproduce or redistribute the Application in machine readable form or use, store, download, sell, redistribute or deal with the Application in any manner or for any other purpose than in accordance with this Agreement.

5.4 The Supplier shall be liable, notwithstanding any other remedies the Provider may have against the Supplier including termination of this Agreement to indemnify the Provider for any loss the Provider suffers and/or to reimburse the Provider for the gain the Supplier obtains in contravention of this Clause 5.

6. Fees and Charges

6.1 The Provider will charge a fee on each successful bid made by the Supplier through the Application (“Award Fee”). A bid will be deemed to be successful if the buyer designates the Supplier as a preferred bidder on their tender through the Application, and liability to pay an Award Fee shall not be contingent on the Supplier entering in to a contract with the relevant buyer, or on the subsequent performance of the contract. 

6.2 Award Fees shall be based on the term value of the contract and calculated in accordance with the current Award Fee Scale in Clause 16.  The term value is calculated by multiplying the annualised tender value by the length of the contract in years.  Fees will be billed at the contract award date.  In the event that the contract is awarded to more than one supplier, the term value will be allocated between the successful suppliers and the relevant award fee will be charged to each supplier.

6.3 Any dispute on the subsequent performance of the contract is entirely a matter between the buyer and supplier involved. If the actual value of purchases is significantly more or less than the awarded tender value, the buyer, acting reasonably, will be responsible for resolving any dispute with the supplier(s) in relation to a refund of the Award Fee or, where the contract was awarded to more than one supplier, a re-allocation of the Award Fee between suppliers. The Provider will not be liable for a refund of an Award Fee under any circumstances. 

6.4 Where the Supplier requests training in the use of the Application, the Provider shall charge fees for such training in accordance with its current day rates from time to time, which shall be notified to the Supplier in advance.

6.5 The Provider may make changes to its charges from time to time. The Supplier shall be given not less than one month’s notice of any such changes prior to their coming in to effect.

6.6 The Supplier shall pay to the Provider any Award Fee or other fees or charges due to the Provider within 30 days of receipt of the Provider’s invoice therefor by direct debit and without deduction, set-off or withholding of any kind. In the event of any dispute as to the amount of an invoice, the Supplier shall pay the amount in full pending the resolution of any dispute and the Provider shall make any adjustment due immediately upon such resolution. In the event of late/non-payment of any invoice, the Provider reserves the right (without liability) to prevent the Supplier from accessing the Application by whatever means it deems appropriate until payment is received in full.

6.7 In the event that a representative of the Provider is required to attend the Supplier’s place of work for any reason, the Provider shall be entitled to charge the Supplier for any reasonable costs and expenses incurred by the Provider and such individuals.

6.8 All amounts payable by the Supplier under this agreement are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under this agreement by the Provider to the Supplier, the Supplier shall, on receipt of a valid VAT invoice from the Provider, pay to the Supplier such additional amounts in respect of VAT as are chargeable at the same time as payment is due under clause 6.6.

6.9 If the Supplier fails to make a payment due to the Provider under this agreement by the due date, then, without limiting the Provider's remedies under clause 12, the Supplier shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.9 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

7. Rules for Bidding

7.1 The Supplier must at all times act in good faith when submitting bids through the Application. The Provider reserves the right to prevent access to the Application by the Supplier in circumstances where it reasonably believes that the Supplier has not complied with this clause 7.1.

7.2 Without prejudice to the generality of clause 7.1, the Supplier shall:

(a) only submit bids on tenders through the Application that it intends to fulfil and is capable of fulfilling if successful;

(b) use reasonable endeavours to enter in to a contract with the relevant buyer upon notification that a bid has been successful;

(c) not be entitled to retract a bid made through the Application unless the bid or any part of it was made in error and such error is rectified as soon as reasonably practicable;

(d) not at any time submit a bid on a tender through the Application otherwise than as an independent party bidding on arm’s length terms;

(e) not bid for any tender advertised on the Application otherwise than through the Application, or seek to contact a buyer in relation to a tender advertised on the Application otherwise than through the Application;

(f) not infringe the rights of any third parties in its use of the Application.

8. Intellectual Property Rights

8.1 The Supplier acknowledges that any and all of the copyright, patents, trademarks and other intellectual property rights subsisting in or used in connection with the Application, including the manner in which it is comprised, compiled, presented or appears (“look and feel”) and all information, documentation and manuals relating thereto are the property of the Provider and the Supplier shall not during or at any time after the expiry or termination of the Agreement in any way question or dispute the ownership by the Provider of any such rights.

8.2 The Supplier shall not during or after the expiry or termination of this Agreement, without the prior written consent of the Provider abuse or permit the abuse of such copyright, patent or other intellectual property right or use or adopt any trade mark, trade name or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name or commercial designation used by the Provider.

8.3 Notwithstanding other provisions of this clause and irrespective of whether or not copyright in the Application or its contents is owned by the Provider, the Supplier shall not, other than as expressly permitted in this Agreement, extract or re-utilise the contents of the Application (or any part thereof) for any commercial purpose including but not limited to trading, building commercial ASP Systems, reselling or redistributing the Application.

8.4 The Supplier acknowledges that civil and criminal penalties may be incurred in the event of any infringement of the copyright and/or other rights in relation to the Application, and that any such infringement by the Supplier may result in incalculable damage and/or loss to the Provider, and accordingly agrees that, in addition to any other right or remedy of the Provider, the Provider shall be entitled to immediate interdict to restrain any actual or apprehended infringement thereof. The Supplier undertakes to indemnify the Provider in full, against all loss, damage, costs and expenses (including loss of profit) which may be incurred by the Provider by reason of any such infringement by the Supplier.

9. Confidential Information

9.1 Each party undertakes that it shall not at any disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by 9.2.

9.2 Each party may disclose the other party's confidential information:

(a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under this agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 9; and

(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

9.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under this agreement.

9.4 Without prejudice to the foregoing generality, both parties acknowledge that all information, facilities, software and services relating to the Application or marketing thereof shall be treated as confidential information for the purposes of this clause 9.

10. Supplier Information

10.1 The Supplier is solely responsible for the accuracy, legality, currency and compliance of any material uploaded to the Application and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein. The Provider reserves the right to remove any infringing or offensive material from the Application.

10.2 The Supplier acknowledges and agrees that the Provider may collect, store, reproduce, access, distribute, develop, transmit, display or otherwise deal with material uploaded by the Supplier to the Application for the purposes of: (i) advertising the Supplier’s participation on the Application; (ii) developing the capabilities, functionalities and features of and analysing and demonstrating the benefits available through the Application; and (iii) creating anonymised statistics and generating product and service specific information to be made available to users of the Application (whether ‘buyers’ or ‘suppliers’). Other than expressly set out in this clause the Provider agrees that it shall not disclose, whether directly or indirectly, to any third party any such Supplier information, provided always that this restriction shall not prevent the disclosure or use by the Provider of any information which is or hereafter, through no fault of the Provider, becomes public knowledge or to the extent permitted by law.

11. Liability

11.1 The Supplier undertakes fully and effectively to indemnify and keep indemnified at all times the Provider against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Provider directly or indirectly in respect of any breach by the Supplier of any of the provisions of this Agreement or as a result of the Supplier’s use of the Application.

11.2 The Provider shall not be liable in contract, delict or otherwise for any direct, indirect or consequential loss or damage sustained by the Supplier or others directly or indirectly making use of the Application, including but not limited to any loss or damage resulting as a consequence of any defects, delays, interruptions or failures in the Application or inaccuracies or errors therein and specifically excludes the same to the extent permitted by the law applicable to this Agreement.

11.3 Unless otherwise excluded pursuant to the foregoing provisions of this Clause, the liability of the Provider in contract, delict or otherwise for any direct, indirect or consequential loss or damage (excluding death or personal injury) sustained by the Supplier or others directly or indirectly making use of or arising in any way from the Application, whether arising as a result of the Provider’s negligence, wilful default, misrepresentation or other breach or breaches of its duties or obligations, shall be limited to the greater of (i) the total charges paid by the Supplier in respect of the Application over the preceding 6 month period, and (ii) £20,000. .

12. Term and Termination

12.1 This Agreement shall take effect from acceptance by the Supplier of the terms of this agreement and shall continue until terminated by either party giving to the other not less than one month prior written notice.

12.2 Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, the Provider may forthwith terminate this Agreement by written notice to the Supplier if the Supplier commits (i) a material breach of the terms or conditions of this Agreement; or (ii) any breach of the terms or conditions of this Agreement and fails to remedy such breach (or in so far as such breach is not capable of remedy to furnish adequate compensation therefor) within five (5) days after receiving written notice from the Provider requiring it so to do.

12.3 Termination of this Agreement shall be without prejudice to any accrued rights of either party and shall not affect obligations which are expressed not to be affected by expiry or termination hereof.

13. Force Majeure

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

14. Notices

14.1 Any notice given to a party under or in connection with this agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to support@trisaas.com (in the case of a notice given to the Provider) or the address specified by the Supplier when registering to use the Application (in the case of a notice given to the Supplier).

14.2 Any notice shall be deemed to have been received:

(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and

(c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 14.2(c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

14.3 This clause 14 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

15. General

15.1 The Supplier shall not, without the prior written consent of the Provider, assign or transfer any of its rights or obligations under this Agreement or transfer its account on the Application to any other person, firm or company.

15.2 Failure or neglect by the Provider to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the Provider’s rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice the Provider’s rights to take subsequent action.

15.3 This Agreement supersedes any arrangements, understandings, promises or agreements made or existing between the parties prior to the signing of this Agreement and constitutes the entire understanding between the parties hereto. Except as otherwise provided herein, no addition, amendment or modification of this Agreement shall be effective unless it is in writing and signed by and on behalf of each party by a director or such other duly authorised officer as the case may be.

15.4 Except as set out in this agreement, no variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

15.5 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.

15.6 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

15.7 In the event that any or any part of the terms, conditions or provisions contained in this Agreement or any schedule attached or adopted as relative hereto shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall to that extent be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

15.8 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Scotland.

15.9 Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

16. Award Fee Scale

Term Value

Tender %

Auction %

Term Value

Tender %

Auction %

  £26,000,000 to £50,000,000



  £7,000,000 to £7,499,999



  £25,000,000 to £25,999,999



  £6,500,000 to £6,999,999



  £24,000,000 to £24,999,999



  £6,000,000 to £6,499,999



  £23,000,000 to £23,999,999



  £5,500,000 to £5,999,999



  £22,000,000 to £22,999,999



  £5,000,000 to £5,499,999



  £21,000,000 to £21,999,999



  £4,500,000 to £4,999,999



  £20,000,000 to £20,999,999



  £4,000,000 to £4,499,999



  £19,000,000 to £19,999,999



  £3,500,000 to £3,999,999



  £18,000,000 to £18,999,999



  £3,000,000 to £3,499,999



  £17,000,000 to £17,999,999



  £2,500,000 to £2,999,999



  £16,000,000 to £16,999,999



  £2,000,000 to £2,499,999



  £15,000,000 to £15,999,999



  £1,500,000 to £1,999,999



  £14,000,000 to £14,999,999



  £1,000,000 to £1,499,999



  £13,000,000 to £13,999,999



  £750,000 to £999,999



  £12,000,000 to £12,999,999



  £500,000 to £749,999



  £11,000,000 to £11,999,999



  £350,000 to £499,999



  £10,000,000 to £10,999,999



  £275,000 to £349,999



  £9,500,000 to £9,999,999



  £200,000 to £274,999



  £9,000,000 to £9,499,999



  £125,000 to £199,999



  £8,500,000 to £8,999,999



  £75,000 to £124,999



  £8,000,000 to £8,499,999



  £25,000 to £74,999



  £7,500,000 to £7,999,999



  £0.00 to £24,999