Tender Writing Services Terms and Conditions

These Terms and Conditions govern the provision of tender writing services by Selective Care Match Ltd. By making payment for the Services, ticking the acceptance box at checkout, or providing a written instruction to proceed (via email, SMS, WhatsApp, iMessage or any other written channel), you confirm that you have read, understood and agreed to these Terms.

These Terms are between:

(1) The Service Provider: Selective Care Match Ltd, a company registered in England and Wales under company number 15223958; registered office: Office 12798, 182-184 High Street North, East Ham, London E6 2JA; contact email: hello@selectivecarematch.co.uk; (in these Terms, the “Service Provider” or “SCM”).

(2) The Client: any individual, sole trader, company or other organisation that engages the Service Provider by accepting these Terms — whether by making payment for the Services, ticking the acceptance box at checkout, or providing a written instruction to proceed; (in these Terms, the “Client”).

Together the Service Provider and the Client are referred to as the “Parties” and each a “Party”.

In these Terms, the following capitalised words have the following meanings:

• Agreement: the agreement formed between the Service Provider and the Client on the Client’s acceptance of these Terms.
• Business Day: a day other than a Saturday, Sunday, or public holiday in England.
• Commencement Date: the date the Service Provider receives the first Fee from the Client.
• Confidential Information: any information disclosed by one Party to the other (in any form) that is marked confidential or that would reasonably be understood to be confidential given its nature or the circumstances of disclosure.
• Controller: as defined in the Data Protection Laws.
• Data Protection Laws: the UK General Data Protection Regulation, the Data Protection Act 2018, the Data (Use and Access) Act 2025 and any other applicable UK data protection legislation, in each case as amended or replaced from time to time.
• Fees: the fees payable by the Client under clause 4.
• Lot: a discrete section within a Tender that the Client may bid on individually.
• Personal Data: as defined in the Data Protection Laws.
• Processor: as defined in the Data Protection Laws.
• Services: the tender writing services described in clause 3.
• Tender: a single procurement opportunity published by a public-sector or other commissioning authority, in respect of which the Service Provider has been instructed to prepare a written response.

In these Terms: (a) clause and Schedule headings are for ease of reference only and do not affect interpretation; (b) words importing the singular include the plural and vice versa; (c) any reference to a statute includes any subsequent amendment or replacement.

3.1 Scope. The Service Provider agrees to provide the following Services to the Client:

• Identification and review of public-sector Tenders that may be relevant to the Client’s business and service areas.
• A free suitability assessment for each Tender identified, including provision of the relevant eligibility requirements and qualifying questions, so the Client can determine whether they meet the criteria.
• Where the Client confirms suitability and instructs the Service Provider to proceed in accordance with clause 3.3, full preparation, drafting and formatting of the Tender response, method statements and any supporting documentation reasonably required.
• Opportunity for the Client to review the completed Tender documentation and confirm satisfaction with the content before submission.

3.2 Free Suitability Assessment. The suitability assessment is free of charge. No deposit, retainer or upfront fee is required.

3.3 Instruction to Proceed. Where the Client wishes to proceed with a specific Tender, the Client shall confirm this in writing (including by email, SMS, WhatsApp, iMessage or other written channel). The Service Provider shall commence work on a Tender only upon (a) receipt of the Client’s written instruction to proceed and (b) receipt of the applicable Fee in cleared funds.

3.4 No Tenders Pursued. If the Client does not wish to proceed with any reviewed Tender, no Fee is due to the Service Provider.

3.5 Standard of Service. The Service Provider shall perform the Services with reasonable care and skill in accordance with section 13 of the Supply of Goods and Services Act 1982.

4.1 First Tender. The Fee for the first Tender written by the Service Provider for the Client is £795.00 (seven hundred and ninety-five pounds) (the “Introductory Rate”). This rate is offered once per Client.

4.2 Subsequent Tenders. The Fee for each Tender written after the first is £3,000.00 (three thousand pounds) (the “Standard Rate”).

4.3 Lots. The Fees in clauses 4.1 and 4.2 include the first two (2) Lots within any single Tender at no additional charge. For each additional Lot beyond the first two within a single Tender, a further fee of £50.00 (fifty pounds) per Lot is payable.

4.4 Payment Timing. All Fees are payable in full BEFORE the Service Provider commences work on the relevant Tender. The completed Tender documentation shall be delivered to the Client following the Client’s confirmation of satisfaction in accordance with clause 3.1.

4.5 No Success Fee. Unless separately agreed in writing, no success-related or contingent Fee is payable to the Service Provider. The Fees set out in this clause 4 are the entire consideration for the Services.

4.6 No Refunds. All Fees are non-refundable once paid. By making payment, the Client confirms its instruction for the Service Provider to commence work, and acknowledges that the Service Provider will allocate time and resources accordingly. The Service Provider does not offer refunds, in whole or in part, once payment has been received.

Fees may be paid via either of the following methods.

5.1 Online Payment Link (preferred). Secure payment via the Service Provider’s online payment links:

• Introductory Rate (£795.00): https://buy.stripe.com/cNi5kw3IU0io8dodqZgIo04
• Standard Rate (£3,000.00): https://buy.stripe.com/00w3codju0io1P0cmVgIo05
• Additional Lot fees: the Service Provider shall issue a separate payment link for the amount due.

5.2 Bank Transfer (alternative). Where the Client prefers to pay by bank transfer, the Service Provider’s account details are provided directly on the Client’s invoice, or on request. For security, they are not published on this page.

To ensure the Service Provider can identify and acknowledge the payment promptly, the Client must use as the payment reference EITHER (a) their company name OR (b) the mobile number they have been corresponding with the Service Provider on. Without a recognisable reference, the Service Provider may be unable to attribute the payment, and work cannot commence until the payment is matched.

The Client shall:

• provide accurate, truthful and complete information requested by the Service Provider in a reasonable timeframe;
• review the suitability questions and eligibility requirements provided by the Service Provider and confirm honestly and accurately whether they are suitable for each Tender;
• review the completed Tender documentation and confirm satisfaction before submission;
• make all payments in accordance with clauses 4 and 5;
• ensure that any supporting documentation, accreditations, registrations and certifications referenced or relied upon in the Tender are valid and current.

The Client acknowledges that Tenders have fixed submission deadlines set by the commissioning authority. Delayed or incomplete responses from the Client to the Service Provider’s information requests may make it impossible for the Service Provider to complete and submit the Tender on time. The Service Provider shall not be liable for any missed deadline, incomplete submission or unsuccessful outcome caused by the Client’s failure to provide information promptly. The Client is expected to respond as quickly as the relevant Tender deadline reasonably permits.

7.1 Matters Outside the Service Provider’s Control. The Service Provider shall not be liable for any unsuccessful Tender outcome or delay caused by circumstances outside its reasonable control, including but not limited to:

• inaccurate, incomplete or misleading information provided by the Client;
• the Client failing to respond to information requests in a reasonable timeframe;
• the Client requesting changes to the Tender response against the Service Provider’s reasoned advice.

7.2 No Other Warranties. Save as expressly set out in these Terms, all warranties, conditions and terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.

8.1 Cap. Subject to clause 8.3, the Service Provider’s total aggregate liability to the Client under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Fees paid by the Client to the Service Provider in the twelve (12) months preceding the event giving rise to the liability.

In agreeing this cap, the Parties acknowledge that (a) the Fees payable under these Terms reflect the limited financial exposure assumed by the Service Provider; (b) the Client has the right to procure equivalent services elsewhere on different terms; and (c) the Client is expected to maintain its own insurance for risks relating to its business operations and bid outcomes. This cap is considered reasonable by the Parties having regard to section 11(4) of the Unfair Contract Terms Act 1977.

8.2 Excluded Loss. Subject to clause 8.3, the Service Provider shall not be liable for any of the following, in each case whether direct or indirect: (a) loss of profits, revenue, or anticipated savings; (b) loss of business opportunity, contracts, or goodwill; (c) loss of data; (d) consequential, special or incidental losses.

8.3 Liabilities Not Excluded. Nothing in these Terms shall limit or exclude either Party’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the implied terms as to title under section 12 of the Sale of Goods Act 1979 (where applicable); or (d) any other liability that cannot lawfully be limited or excluded.

Upon receipt of the relevant Fee in full, all rights, title and interest in the completed Tender documentation prepared by the Service Provider for that Tender shall pass to the Client for use in submitting the Tender and operating any contract subsequently awarded to the Client.

The Service Provider retains all rights in its underlying templates, methodologies, frameworks, generic content, processes and know-how used in preparing Tender submissions. The Service Provider may use anonymised learnings from work performed under these Terms to improve its services to other clients, provided no Client-specific Confidential Information is disclosed.

Each Party shall keep the other’s Confidential Information strictly confidential and shall not disclose it to any third party except: (a) with the prior written consent of the disclosing Party; (b) to its own employees or professional advisers on a need-to-know basis, provided such recipients are bound by equivalent confidentiality obligations; or (c) as required by law, regulation, or a competent court or regulator.

This obligation shall survive the termination or expiry of the Agreement for a period of three (3) years.

Confidential Information does not include information that: (a) is or becomes publicly available other than through breach of this clause; (b) was lawfully in the receiving Party’s possession before disclosure; or (c) is independently developed without reference to the disclosed information.

Each Party shall comply with its respective obligations under the Data Protection Laws.

To the extent that the Service Provider processes Personal Data on behalf of the Client, the Client is the Controller and the Service Provider is the Processor. The detailed terms governing such processing are set out in Schedule 1 (Data Processing Agreement) to these Terms, which forms part of them.

Each Party shall: (a) comply with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010; (b) not engage in any activity that would constitute an offence under the Bribery Act 2010; and (c) promptly notify the other Party of any actual or suspected breach of this clause of which it becomes aware.

13.1 Term. The Agreement commences on the Commencement Date and continues until the Service Provider has delivered the completed Tender documentation to the Client and any outstanding Fees have been paid in full, unless terminated earlier in accordance with this clause 13.

13.2 No Termination by Client After Payment. Once payment for a Tender has been received and the Service Provider has commenced work, the Client cannot terminate the engagement for that Tender or request a refund. The Client acknowledges that the Service Provider begins allocating time and resources immediately on receipt of payment, and that the Service Provider’s commitment is therefore non-reversible from the moment payment is made.

13.3 Termination by the Service Provider. The Service Provider may terminate the Agreement immediately by written notice to the Client if the Client materially breaches these Terms (including by providing false information, failing to provide information in a reasonable timeframe, or breaching clause 12 (Anti-Bribery)) and such breach is not remedied within fourteen (14) Business Days of written notice requiring remedy. In such circumstances, Fees already paid are non-refundable in accordance with clause 4.6.

13.4 Survival. Termination or expiry shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination. Clauses 8 (Limitation of Liability), 9 (Intellectual Property), 10 (Confidentiality), 11 (Data Protection), 17 (Governing Law) and Schedule 1 shall survive termination.

Neither Party shall be liable to the other for any delay in performing, or failure to perform, any obligation under these Terms (other than the payment of sums already due) caused by events outside its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, pandemic, fire, flood, strike, or failure of public utilities or telecommunications. The affected Party shall notify the other Party promptly and shall use reasonable endeavours to mitigate the effect.

Any notice required to be given under these Terms shall be in writing and may be sent by any of the following written channels, provided the channel has previously been used by the Service Provider to communicate with the Client (and vice versa):

• email (to hello@selectivecarematch.co.uk for notices to the Service Provider, or to the Client’s last-used email address);
• WhatsApp message;
• iMessage or standard SMS;
• any other written communication channel previously shared between the Parties.

A notice sent by any of the above channels is deemed received on the next Business Day after sending, unless an out-of-office, bounce-back or delivery-failure response is received.

16.1 Variation. No variation of these Terms shall be effective unless made in writing and agreed by both Parties.

16.2 Waiver. A failure or delay by either Party in exercising any right or remedy shall not constitute a waiver of that right or remedy.

16.3 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable or illegal, the remaining provisions shall continue in full force and effect. The Parties shall negotiate in good faith to replace any such provision with a valid and enforceable provision that achieves, as nearly as possible, the original commercial intent.

16.4 Third Party Rights. A person who is not a Party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

16.5 Entire Agreement. These Terms (including Schedule 1) constitute the entire agreement between the Parties and supersede all prior discussions, negotiations and agreements, whether written or oral, relating to their subject matter.

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The Parties submit to the exclusive jurisdiction of the courts of England and Wales.

The Client accepts these Terms by any of the following actions, each of which constitutes binding acceptance:

• making payment of any Fee via the payment link(s) in clause 5;
• making payment of any Fee by bank transfer in accordance with clause 5;
• ticking the “I accept the Terms and Conditions” box at checkout;
• providing the Service Provider with a written instruction to proceed via any of the channels listed in clause 15.

By accepting, the Client confirms it has read, understood and agreed to all terms set out in these Terms, including Schedule 1.

This Schedule 1 forms part of the Terms and sets out the terms on which the Service Provider (as Processor) processes Personal Data on behalf of the Client (as Controller), satisfying the requirements of Article 28(3) of the UK GDPR.

1. Subject Matter and Duration. Subject matter: processing of Personal Data necessary to provide the Services described in clause 3 of the Terms. Duration: the term of the Agreement plus any post-termination period required for return or deletion under paragraph 4(8) below.

2. Nature and Purpose. Nature: collection, storage, organisation, drafting use, and disclosure (to the commissioning authority on Client instruction) of Personal Data within Tender responses and supporting documentation. Purpose: enabling the Service Provider to prepare and finalise Tender submissions on behalf of the Client.

3. Types of Personal Data and Categories of Data Subjects. Types of Personal Data may include: names, job titles, contact details, professional qualifications, CV / employment history, training records, and references of the Client’s staff, directors and key personnel; details of registered managers; and named individuals provided in supporting documents. Categories of Data Subjects: the Client’s directors, employees, contractors, and (where included in Tender responses) registered managers, nominated individuals, and named references.

4. Processor Obligations. The Service Provider shall:

• Process Personal Data only on the documented written instructions of the Client (including these Terms and any subsequent written instruction), except where required to do otherwise by law, in which case the Service Provider shall inform the Client of that legal requirement before processing, unless prohibited by law from doing so.
• Ensure that all personnel authorised to process the Personal Data are bound by appropriate obligations of confidentiality (whether contractual or statutory).
• Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in accordance with Article 32 of the UK GDPR.
• Use only standard third-party infrastructure providers (such as cloud storage, secure payment processing and email service providers) in connection with the processing of Personal Data. The Client gives general written authorisation for the use of such standard infrastructure providers, on the basis that they are bound by data protection obligations no less onerous than those set out in this Schedule 1. The Service Provider shall inform the Client of any material change to the categories of such providers and shall give the Client an opportunity to object on reasonable grounds.
• Taking into account the nature of the processing, assist the Client by appropriate technical and organisational measures, insofar as possible, for the fulfilment of the Client’s obligation to respond to requests from Data Subjects exercising their rights under the Data Protection Laws.
• Assist the Client in ensuring compliance with the Client’s obligations under Articles 32 to 36 of the UK GDPR, including security, breach notification, data protection impact assessments and prior consultation, taking into account the nature of processing and the information available.
• Notify the Client without undue delay, and in any event within seventy-two (72) hours, of becoming aware of any Personal Data breach affecting the Client’s Personal Data.
• At the Client’s choice, delete or return all Personal Data to the Client at the end of the provision of Services, and delete existing copies unless storage is required by law. The Service Provider shall confirm such deletion in writing upon request.
• Make available to the Client all information necessary to demonstrate compliance with the obligations in this Schedule 1, and allow for and contribute to audits, including inspections, conducted by the Client or another auditor mandated by the Client. Audits shall be at the Client’s cost, on no less than ten (10) Business Days’ written notice, no more than once per calendar year (unless required by a regulator), and conducted in a manner that does not unduly disrupt the Service Provider’s business.

5. International Transfers. The Service Provider shall not transfer Personal Data outside the United Kingdom without the prior written consent of the Client. Where consent is given, the Service Provider shall ensure appropriate safeguards are in place under the UK GDPR, including (where applicable) the UK International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses.

6. Liability. Each Party’s liability under this Schedule 1 is subject to the limits set out in clause 8 of the Terms.