1. Terms and Conditions
By engaging our services, the Client agrees to the following terms and conditions:
2. Scope of Services
We provide professional bid and tender support services, which may include, as directed or requested by the Client:
- Content Refinement - Reviewing, rewriting, and polishing existing material for clarity, compliance, and impact.
- Expert Input & Review - Facilitating subject matter expert contributions and aligning content with evaluation criteria.
- Win Themes & Messaging - Developing key differentiators and crafting compelling narratives.
- Strategy Support - Running workshops or consultations to define win themes, pitch strategy, and client-focused benefits.
- Visual Design Assistance - Providing basic templates, layouts, and graphics to enhance presentation quality (not full-scale design services).
- Flexible Support - Overflow support, assistance and reviews.
- Bid Management Guidance [Project Management] - Managing/coordinating the bid process from qualification (go/no-go), strategy, through to final submission support.
- Analysis and Research - Reviewing requirements and conducting research to support the creation of compliant, well-structured content.
- Other - As directed by the Client.
3. Responsibility for Final Content
The Client is responsible for:
- Reviewing and approving all content before submitting it to their own client (e.g., a government agency or another third party).
- Ensuring the accuracy, completeness, and appropriateness of all information included in the bid, including any technical, commercial, and factual claims.
- Understanding that a bid may constitute a binding offer or contract and should be reviewed accordingly.
- Acknowledging that ONETEN supports the preparation of bid responses but does not act as the submitting party. The Client makes all final bid submissions to their client.
- For clarity, ONETEN provides only advisory and support services. The Client retains full responsibility for the accuracy, legality, compliance, completeness, and final submission of all bid content.
4. Liability
We are not responsible for:
- Any errors, omissions, or inaccuracies in the bid content that the Client failed to identify or correct before submission.
- Any consequences arising from the Client's failure to review, verify, or approve the content.
- Any loss of opportunity, loss of profit, or consequential damages of any kind.
- Our total liability under this agreement, whether in contract, tort (including negligence), or otherwise, will not exceed the amount the Client paid for our services in relation to the specific project giving rise to the claim.
- ONETEN does not guarantee bid success, award outcomes, or any specific results.
5. Fees and Payment
- Fees are charged at agreed rates or estimates.
- For ongoing projects, invoices are issued monthly within the first five business days, with payment due by the 20th of the same month unless otherwise agreed.
- Final invoices are due immediately upon completion (within 14 days).
- Late payments may result in an administration fee of $50 and a 2% monthly interest charge on the outstanding balance.
- Where a bid project is initiated under time pressure and additional resources are required, we will discuss and provide a quote on a case-by-case basis before proceeding.
6. Intellectual Property
- Any pre-existing intellectual property remains the property of its original owner.
- Deliverables become the Client’s property upon full payment.
- Any proprietary methodologies or frameworks used by ONETEN remain the property of ONETEN.
7. Confidentiality
- Both parties agree to maintain the confidentiality of all sensitive or proprietary information shared during the engagement, including any information relating to the Client’s client.
8. Conflicts and Exclusivity
- We may work with other clients in similar industries.
- To maintain probity and privacy, we separate project folders and restrict access to authorised personnel directly involved in a specific bid.
- All data is stored securely in OneDrive within the Microsoft 365 cloud environment.
- If preferred, we will utilise our clients' systems, such as SharePoint or Google Drive, as needed.
- We do not provide exclusivity unless agreed in writing.
9. Access to Materials and Resources
To enable ONETEN to deliver the services effectively, the Client is responsible for providing timely access to all materials, content, and resources required for the engagement. The Client confirms that the information provided is accurate and complete, including:
- Bid-related documents, collateral, and background information.
- Timely, accurate, and complete input from Subject Matter Experts (SMEs), including all technical, commercial, operational, and factual information required to develop compliant bid content. The Client warrants that all information provided is accurate and complete.
- Access to shared folders or platforms such as Google Drive, SharePoint, or other collaboration tools.
- Permissions required to view, edit, or download relevant files.
Where required information or SME input is not provided in a timely manner, ONETEN reserves the right to suspend services, extend deadlines, or adjust fees accordingly. ONETEN is not liable for any delays or outcomes resulting from late or incomplete information provided by the Client.
10. Travel Costs and Time
Where travel is required to support the Client:
- Travel costs will be charged at actual cost plus 5% to cover administrative handling.
- Travel time exceeding 2 hours (round-trip) will be billed at 50% of the standard hourly rate.
- These charges will be itemised separately and agreed in advance.
11. Governing Law and Termination
- The laws of New Zealand govern this agreement.
- Either party may terminate the engagement with written notice.
- The Client will pay for all work completed up to the termination date.
- Both parties agree to act in good faith throughout the engagement.
- Any disputes will be referred to mediation in good faith before any legal action is considered.