iSupplier terms and conditions
- (a) 'Contract' means an agreement or agreements between the Council and the Service Provider for the provision of goods and services to the Council
- (b) 'Portal' means the iSupplier Portal established and maintained by the Council to make easier the management of contracts for supplies of goods and services to the Council
- (c) Save for the defined terms above, unless the context otherwise requires, any term in these terms and conditions shall have the same meaning given to such term in the Contract
2. The Council has directed the Service Provider to utilise the Portal for the purposes of managing the Contract and the Service Provider has agreed to do so.
3. The Service Provider must register on the Portal within seven days of the acceptance of the direction or Contract commencement, whichever is sooner. The Council shall not be obliged to make payments to the Service Provider under the Contract unless the Service Provider is registered on the Portal.
4. Access to and use of the Portal is provided subject to these terms and conditions. Any use of the Portal constitutes immediate acceptance of these terms and conditions.
5. The Service Provider is only responsible for keeping up to date and ensuring the accuracy of the information entered into the Portal. Any required changes to the information entered into the Portal must be entered into the Portal as soon as is reasonably possible. The Council shall not be liable for any apparent breach of the Contract arising directly out of the Service Provider's failure to maintain the Portal information.
6. Any invoice, purchase order, confirmation or acknowledgement, communication or other document correctly created and submitted via the Portal shall for the purposes of the Contract constitute a valid request for payment, notice or other communication under the Contract.
7. Mandatory information that must be entered by the Service Provider includes:
- (a) Service Provider information including name, address and contact details
- (b) Bank account details for payments from the Council to the Service Provider. Payments under the Contract shall be made to the bank account specified on the Portal on the day that the payment is due under the Contract
- (c) Any other information which the Council reasonably requires for the purposes of administering the Contract
8. The Service Provider shall be only responsible for nominating persons with sufficient authority and skills to be Portal Users:
- (a) A senior authorised officer who shall be responsible for ensuring the Service Provider's Compliance with these terms and conditions
- (b) A primary contact officer with full access to view and amend information entered into the Portal
- (c) One or more secondary contact officers with viewing access only
9. The Council must be notified immediately if any Portal User stops being able to perform their function under these terms or otherwise stops to be contracted to or employed by the Service Provider.
10. The Council shall provide notification by email to all Portal Users in the event of any changes to the Service Provider's Portal data. It remains the responsibility of the Service Provider to ensure that those email inboxes are monitored and to bring to the Council's attention any discrepancies.
11. The Service Provider undertakes to:
- (a) Read and follow the instructions found in the iSupplier User Guide which has been provided to the Service Provider
- (b) Ensure that Service Provider Portal Users choose a password of sufficient complexity and length to maintain the security of the information entered into the Portal
- (c) Ensure that the login details and password of each Portal User remain secure and are not disclosed to any other person other than the persons to whom the login details and password were issued
- (d) Have in place industry standard levels of Information Technology security and Human Resource policies to ensure that unauthorised third party access is not gained to the Portal and that the information entered into and sent to the Portal remains secure
- (e) Use the Portal only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Portal by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may deny the contents of the Portal for lawful use
- (f) Not to copy, store in any medium (including in any other digital format), distribute, send, re-send, broadcast, modify, or show in public any part of the Portal without the prior written permission of Council
- (g) Indemnify the Council against any loss or damage owed by it or any third party due to negligence or deliberate acts by the Service Provider or its employees, agents, contractors or sub-contractors including a failure by the Service Provider to maintain appropriate levels of Information Technology security
12. Any failure by the Service Provider to adhere to these terms and conditions shall result in the cancellation of the Service Provider's Portal registration and may constitute a breach of the Contract(s) leading to termination.
13. All rights, including copyright and database right, in Portal and its contents, are owned by or licensed to Council, or otherwise used as permitted by applicable law.
14. This site and the information, names, images, pictures, logos and icons regarding or relating to the London Borough of Havering, or to any third party products or services, is provided 'as is', without any implied warranties or endorsements.
15. The Council does not warrant that the functions contained in the Portal will be uninterrupted or error free, that defects will be corrected, or that the Portal or the server that makes it available are free of viruses or bugs.
16. In no event will the Council be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Portal.
17. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be subject only to the jurisdiction of the courts of England and Wales.
For further information, please complete the procurement enquiry form.