SchoolAdvisor Terms of Service
You are a duly appointed representative of your school (as declared on the online form) and authorized to act on the school’s behalf.
You are in need of appointing a supplier(s) for the provision of certain goods and/or services (as declared on the online form).
You desire to undertake a competitive tendering process (hereafter the “Services”) and hereby appoint us to assist you with that. We are authorized to act on your behalf in the course of providing the Services.
The Services will progress through a sequence of six standard phases:
- Submit Phase
- Define Phase
- Design Phase
- Launch Phase
- Evaluation Phase
- Award Phase
You can read more about the corresponding milestones contained within each phase on our website.
You agree that the Services will be performed in accordance with these Terms of Service (hereafter the “Agreement”).
OUR OBLIGATIONS TO YOU
We shall be responsible for the following:
- Developing tender material that includes your requirements for the sought-after goods and/or services.
- Identifying potential suppliers who are interested in participating in the Services and informing them of your requirements.
- Facilitating the evaluation of potential suppliers.
- Conducting price negotiations with shortlisted suppliers.
- Coordinating the appointment of the supplier(s) until the contract is signed by both parties.
Additionally, we shall ensure that the Services are:
In compliance with all applicable laws, regulations, codes of practice and professional standards, performed with due skill and care, in accordance with good professional practice and, in accordance with the agreed timescales.
YOUR OBLIGATIONS TO US
In order for us to provide the Services in a timely manner, we will need your support in:
- Providing all relevant information and documentation in a timely manner.
- Making decisions and providing responses when requested to do so and in accordance with set deadlines.
- Appointing, without delay, a supplier(s) that has satisfactorily fulfilled your selection criteria and where applicable has agreed to our fee conditions.
HANDLING OF DATA
We recognize the importance of safeguarding your personal data and ensuring its privacy. Therefore, we will only collect, use, and process your data for the purpose of providing the Services.
To achieve the Services, we may need to disclose your data to third parties, including our affiliates, agents, and advisors. We will ensure that any third party with access to your data will maintain its confidentiality and security in accordance with applicable data protection laws and regulations.
In addition to using your data for the provision of the Services, we may also use it for marketing purposes, subject to applicable data protection laws and regulations. Unless you inform us that you prefer not to receive such communications, we may send marketing information to you.
Please note that opting-out of marketing communications will not affect our use of your data for purposes related to the provision of the Services.
We take reasonable measures to protect your data, but we cannot provide an absolute guarantee of its security.
We will charge your appointed supplier(s) a Set-Up Fee of no less than fifty thousand Rand (R50,000) exclusive of VAT, and no more than five percent (5%) of the calculated contract value (that is, the annual total cost of the goods and/or services multiplied by the term of the contract).
Our Set-Up Fee must be accepted by a supplier that wishes to participate in the competitive tendering process we are conducting on your behalf.
You accept and acknowledge that suppliers who do not agree to our Set-Up Fee conditions will be excluded from the competitive bidding process and cannot be appointed as your supplier(s).
The Set-Up Fee is payable within 30 days of the award of the contract to the appointed supplier(s), unless a payment plan is agreed upon between your appointed supplier and us.
Prior to us commencing the Services, you will be required to pay a deposit (“School Deposit”) of five thousand (5.000) Rand exclusive of VAT.
The School Deposit shall be held by us as security for the proper performance of your obligations under this Agreement.
If you do not use the School Deposit to purchase an additional service from us, the School Deposit will be refunded upon payment of the total Set-Up Fee by your appointed supplier.
We reserve the right to withhold the refund of the School Deposit if:
- You have not, within a reasonable time, appointed a supplier for the sought-after goods/services; or,
- You breach your obligations under this Agreement and fail to remedy that breach within five (5) calendar days of receiving a written notice from us.
All tender documents and specifications, analysis of supplier proposals and quotations, recommendations for supplier selection, reports on the evaluation of potential suppliers, presentations or other materials developed by us to facilitate the tendering process, any software or systems developed or customized for the purpose of providing the Services, and any other proprietary information, trade secrets, or know-how developed by us in the course of providing the Services (hereafter the “Intellectual Property”) shall belong to us.
During the provision of Services, we may share our Intellectual Property with you. Unless otherwise required for the purposes of the Services, you may not use, copy, or otherwise utilize our Intellectual Property.
Each party will retain the exclusive ownership of all and any pre-existing Intellectual Property, owned by a Party prior to the commencement of the Services.
TERM AND TERMINATION
This Agreement shall remain in effect until you have appointed one or more suppliers to provide the sought-after goods and/or services, and have executed a written agreement with such supplier(s).
Either Party shall have the right to terminate with immediate effect in the event either Party breaches any term, condition, or warranty of this Agreement and fails to remedy that breach within five (5) calendar days upon receiving written notice from the other Party to do the same.
Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury caused by the negligence of that party, its employees, agents, or sub-contractors, or for fraud.
We shall have no liability to you in connection with the Services for any loss or damage incurred of any kind, whether this loss and/or damage was caused as a result of a breach of contract, negligence, or otherwise.
You agree to indemnify and hold us harmless from any and all claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with any breach of this Agreement by you, or any act or omission of you or your employees, agents, or contractors in connection with the Services.
This Agreement shall be construed and interpreted pursuant to the laws of South Africa.
This Agreement contains the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties relating to the subject matter of this Agreement.