STANDARD TERMS AND CONDITIONS OF BUSINESS

Welcome to Bethebees.com. bethebees.com is a Procurement marketplace platform for services performed by its users.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the BeTheBees website, including any content, functionality and section. Our  registered address is Stewart House, 56 Longbridge Road, Barking, IG11 8RT, as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the BeTheBees Limited services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1. Definitions

1.1       In these Conditions the following expressions shall have the following meanings:

"the Company"  means BeTheBees Limited (company number  10077889)  trading as ‘BeTheBees’.

"the Client" means the person, firm or corporation with whom the Company contracts for the provision of Services.

"the Contract"  means the contract for the provision of Services between the Company and the Client incorporating these Conditions arising from the Company’s acceptance of the Client’s Booking.

"the Services" means any service provided or procured by the Company to or for the Client and provided by a Service Provider.

"BeTheBees Service provider"  means a registered member of The Marketplace for the provision of services to Customers on BeTheBees behalf;

"Business" means the business of the Company which includes  matching clients with a Service provider  to provide the educational, training and consultancy services required by the Client.

"Booking" means a confirmed booking following full payment of charges and fees by the Client with the Company for the Company to provide Services to the Client.

"Best Match Service Provider" means a firm, individual or company selected in the sole discretion of  the Company having regard to the Client’s requirements and best able to fulfil the Client’s requirements.

“Brief” means each statement of requirements initially submitted by you to The Marketplace or directly to us, or as prepared by us in collaboration with you and or a BeTheBees Service Provider, setting out your project type, objectives and budget, as varied with our input in readiness for circulation to one or more BeTheBees Service Providers;

“Business Day” means any day which is not a public holiday or a Saturday or Sunday in England or Wales;

“Project Content” means the deliverables required to be delivered to you by us or BeTheBees Marketplace Service Providers in relation to a Live Project, as set out in the relevant Pitch or any Statement of Work and does not include the Customer Content or the Pre-existing Content or any third party content;

“Project Fee” means the fee payable by you for a Live Project, as set out in any Statement of Agreement or in the absence of a Statement of Agreement which states the fees then as set out in the Brief; the Listed Project; or the Pitch, whichever is the later;

“Project Terms” means the contract terms governing your Live Projects which are set out in Schedule 1;

“Selected BeTheBees Marketplace Service Provider” means the BeTheBees Marketplace Service Provider whose Pitch you have selected to undertake a Live Project;

"Selection Period" is defined in clause 2.3;

“Statement of Agreement” means as defined in clause 2.6.

“Single User Access Fee” means a sum equal to 20% of:

(a) the Project Fee in the case of a Live Project;

• £99+VAT (non-refundable) before matching with service provider (sign up cost).; or
• 20% + VAT (additional cost may incur if work started with service provider) of the project estimate after matching with service provider;
• No refund will be made after matching with selected service provider. Credit note may be issued on the discretion of the company

“VAT” means United Kingdom value added tax and any other tax imposed in substitution for it and any equivalent or similar tax imposed outside the United Kingdom; and

“you” or ‘”Customer” means you and the organisation that submitted your Brief and “your” shall be construed accordingly.

1.2. In these Terms (unless the context requires otherwise):

• any Fees expressed in one currency may, if agreed by BeTheBees, will be charged and be payable by you, in another currency, based on a reasonable exchange rate at the date of invoice;

• the singular shall include the plural and vice versa;

• any reference to “in writing” or “written” shall include written or produced by any legible and non-transitory substitute for writing (including in electronic form) or partly in one manner and partly in another;

• any reference to a “company” shall be construed so as to include any company, corporation or other body corporate, wherever and however incorporated or established;

• any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;

• any reference to any English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include what most nearly approximates in that jurisdiction to the English legal term;

• the clause headings in these Terms are included for convenience only and do not affect the interpretation of these Terms;

• if a payment due from the indemnifying party to the indemnified party under these Terms is subject to tax (whether by way of direct assessment or withholding at its source), the indemnified party shall be entitled to receive from the indemnifying party such amounts as will ensure that the net receipt, after tax, to the indemnified party in respect of the payment is the same as it would have been were the payment not subject to tax;

1.2.9. any reference to a statute, statutory provision or subordinate legislation (“legislation”) shall (except where the context requires otherwise) be construed as referring to:

• such legislation as amended and in force from time to time and to any legislation which (either with or without modification) reenacts, consolidates or enacts in rewritten form any such legislation;and

• Any former legislation which it reenacts, consolidates or enacts in rewritten form;

• Subject to Clause 1.2.8 and save as otherwise expressly provided, all amounts referred to in these Terms (including any damages for breach of these Terms) will be regarded as stated exclusive of VAT and any other taxes.

• If you are required to pay any withholding tax, charge or levy in respect of any payments due to BeTheBees Marketplace hereunder, you agree to gross up payments actually made such that BeTheBees Marketplace shall receive sums due hereunder in full and free of any deduction for any such withholding tax, charge or levy.

• If these Terms impose restrictions on a party or otherwise limit the freedom of action of a party (each such prohibited matter being a “Prohibited Act”), such obligation shall be deemed to in addition require that party to: (i) prevent any person it Controls from doing the Prohibited Act;(ii) not procure, advise, incite or assist any third party which it does not control and which is not a member of its Group to do the Prohibited Act;and (iii) to use all reasonable endeavours to prevent all members of its Group which it does not Control from doing the Prohibited Act.

• If there is inconsistency between:

• any Statement of Agreement;

• the BeTheBees Marketplace Terms;

• the Project Terms;

• the Pitch;and

• the Brief,

then they shall take precedence in that order save that the Statement of Agreement shall only take precedence over the BeTheBees Marketplace Terms and the Project Terms in relation to the payment schedule set out in clause 3.2, timetable for delivery of the Live Project and deliverables, and expressly shall not affect the obligation to pay the Single User Access Fee or the Cancellation Fee. The Pitch and the Brief shall be replaced and superseded by the Statement of Agreement at the point of its creation.

“Cancellation Fee” means a sum equal to:

1. Cancellation fee before being matched with a service provider

1. a) 20% of the Project Fee in the case of a Live Project;
2. b) fee equal to project processing fee decided during project processing period if not a Live Project; or
3. c) the budget listed in the Brief if not yet a Listed

1. Cancellation fee after being matched with a service provider:

Project, as applicable; and

1. a) in the case of a Listed Project or Brief which is not yet a Live Project, our reasonable assessment of the time and cost incurred to date in progressing your Brief from inception to the date of cancellation; or
2. b) in the case of a Live Project, the Project Fee or such lesser percentage as BeTheBees Limited in its absolute discretion may reasonably determine as being a fair estimation of the work completed on the Live Project;

“Completion” has the meaning project marked completed by the supplier and no query has been raised by buyer within 14 days of completion of project.

“Confidential Information” means any and all confidential information (whether in oral, written or electronic form) imparted in confidence by one party to the other (whether before or after the date these Terms are entered into) or otherwise obtained by one party relating to the other's business, finance or technology, know-how, intellectual property, assets, strategy, products, suppliers and customers, including without limitation information relating to manufacturing or other processes, management, financial, marketing, technical and other arrangements or operations of any person, firm, or organisation associated with that party or which would be regarded as confidential by a reasonable business person, save to the extent that such information:

(i)         is already in the public domain at the time of disclosure;or

(ii)        enters the public domain other than by a breach of any obligation of confidentiality;

(iii)       consists of the Brief, the Listed Project and the Pitch, each of which BeTheBees shall be permitted to upload to the

BeTheBees Site and to discuss with the Customer and BeTheBees Service Provider;

BeTheBees must:

(a)    keep the Disclosor Confidential Information strictly confidential;

(b)    not disclose the Disclosor Confidential Information to any person without the Disclosors' prior written consent;

(c)    use the same degree of care to protect the confidentiality of the Disclosor Confidential Information as the Recipient uses to protect the Recipient's own confidential information of a similar nature, being at least a reasonable degree of care;

(d)    act in good faith at all times in relation to the Disclosor Confidential Information; and

(e)    not use any of the Disclosor Confidential Information for any purpose other than business service.

“Content” means materials, in any format, submitted by Customers or BeTheBees Service Providers to us, by e-mail, through the BeTheBees Site or otherwise;

“Customer Account” means an account on The Marketplace registered in the name of you and /or your business organisation;

“Customer Content” means all Content provided by Customers;

“Selected BeTheBees Service Provider” means (a) any Selected BeTheBees Service Provider; and (b) any other BeTheBees Service Provider who had access to any of your Briefs through the Marketplace or through us by any other means;

“Period of Exclusivity” means 24 months following:

1. a) Completion of your latest Live Project;
2. b) the date a BeTheBees Service Provider had access to your latest Listed Project; or
3. c) where a Live Project does not progress to Completion, the date the Live Project was confirmed to be terminated in accordance with these Terms.

“Fees” means the project processing fee, Admin fee, any other fee specified in these Terms and such other fees as we may notify you of from time to time;

“Intellectual Property” means patents, petty patents, utility models, trade marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, moral rights, database rights, knowhow, secret processes, inventions, trade or business names, domain names, website addresses and any similar rights in any country whether currently existing or created in the future, together with the right to sue for and recover damages or other relief in respect of infringements of any of them;

“Processed Project” means each Brief which has been listed on the Marketplace or otherwise circulated to one or more BeTheBees Service Providers;

“Active Project” a Listed Project becomes a Live Project when you have selected one or more BeTheBees Service Providers to undertake your Processed Project;

“the Marketplace” means the section of the BeTheBees Site which permits: (i) Customers to upload Briefs (ii) us to include Listed Projects based on those Briefs; and (iii) BeTheBees Service Providers to submit Pitches in response to such Listed Projects, and the section of the BeTheBees Site where those Processed Projects are displayed.

“Project Pitch” means a proposal by one or more BeTheBees Service Providers submitted via any means including but not limited to The Marketplace; through us; or directly to a Customer in response to a Processed Project

“Pre- existing Content” means all content and materials which were created by a BeTheBees Service Provider prior to a Listed Project or which are unrelated to a Listed Project (not including any third party content);

“Project Content” means the deliverables required to be delivered to you by us or BeTheBees Service Providers in relation to a Active Project, as set out in the relevant Pitch or any Statement Brief and does not include the Customer Content or the Pre-existing Content or any third party content;

“Project Processing  Fee” means the fee payable by you for a Live Project, as set out in any Statement Brief or in the absence of a Statement Brief which states the fees then as set out in the Brief; the Listed Project; or the Pitch, whichever is the later;

“Project Terms” means the contract terms governing your Live Projects which are set out in Schedule 1;

“Selected BeTheBees Service Provider” means the BeTheBees Service Provider whose Pitch you have selected to undertake a Active Project;

“VAT” means United Kingdom value added tax and any other tax imposed in substitution for it and any equivalent or similar tax imposed outside the United Kingdom; and

“you” or ‘”Customer” means you and the organisation that submitted your Brief and “your” shall be construed accordingly.

The singular shall include the plural and vice versa.

Headings to these Conditions are for convenience only and inserted for ease of reference and shall not affect their construction.

2. General

2.1       Any quotation or estimate given by the Company is an invitation to the Client to make a Booking for Services and thereby make an offer open for acceptance by the Company.

No Booking placed in response to or any other acceptance of a quotation or estimate shall give rise to a contract binding upon the Company.  The Company will use its reasonable endeavours to best estimate the cost of providing the Services and this best estimate will be given to the Client before a Booking is confirmed.

If subsequently, the Service provider notifies the Client that additional work is required or costs need to be incurred by the Client, additional costs will be agreed with the Client and the Service provider. If no agreement is agreed with regard to additional cost and Services, the Service Provider and the Company are only obliged to provide service for the pre-agreed project or the total costs agreed.  The Company makes every effort to provide a Best Match Service Provider but does not guarantee it is able to do so.

A binding contract shall come into effect upon the earliest of any of the following namely:

(a) any commencement of the Services; or

(b) receipt of the Company’s written acceptance of a booking by the Client; or

(c) receipt of payment from or on behalf of the Client by the Company for Services to be provided to the Client.

2.2       These Conditions are the only conditions upon which the Company transacts Business and shall be incorporated in the Contract to the exclusion of all other terms and conditions including any terms or conditions specified or referred to in any order placed by the Client.  No variation of these Conditions shall have effect unless it is agreed to by the Company in a document signed by a director of the Company and issued to the Client.

2.3       In addition to these Conditions the Company may from time to time specify specific terms of business affecting the provision of the Services.

2.4       Registration of a Client or a Company is personal to the Client and not transferable under any circumstances. Any abuse of registration will result in registration and any contract being terminated immediately and any monies paid by the Client will be forfeited by way of damages.

2.5       It is the Client’s sole responsibility to provide the Company with his specific requirements for Services during registration. These requirements will be passed to the Service provider  and Services provided will be based on them. Changes to the requirements cannot be made nor any refund of charges  as a result.

3. Fees and Charges quoted

3.1       All fees and charges are exclusive of Value Added Tax which will be charged at the rate applicable at the relevant tax point together with any other applicable duty or tax imposed by any competent authority upon the provision of the Services.

3.2       Fees and charges stated in quotations, estimates, acceptances of Bookings or other documents issued by the Company or communicated verbally prior to the provision of Services are not binding upon the Company. The fees and charges charged shall be the fees and charges ruling at the date of provision of Services.

The Company reserves the right to review its fees and charges from time to time. Clients will be charged fees and charges at the prevailing rate at the time any Contract is entered into or a Booking is made.

3.3       Any ad-hoc service requested by the Client after the time of registration are considered to be a separate task and will incur additional fee. Credit notes on any individual or Company account  are valid for a period of 12 months from the date of the relevant booking.

4. Cancellation of Bookings

4.1       The Client shall not be entitled to cancel a Booking (or any part of a Booking) and seek any refund of monies paid in advance in respect of a Booking which has been accepted by the Company except upon prior written agreement by the Company and upon such terms as will indemnify the Company for all costs,  charges,  expenses,  damage or loss (including without limitation loss or profit) incurred or suffered by the Client in respect of each such Booking.  The Company is not bound to agree to any such cancellation notwithstanding any purported cancellation from the Client.

4.2       Cancellation and or rescheduling of previously agreed payments and work commitments or any part thereof should be mutually agreed between the Client and the Best Match Service Provider.

4.3       If a previously agreed Booking is cancelled and or rescheduled by either the Client or the Best Match Service Provider without any notice it is their sole responsibility to agree who bears any additional cost they may have incurred.

4.4       It is the responsibility of the Client and the Best Match Service Provider to inform each other of any inability to attend scheduled meetings and to resolve any issues relating to cancellations and rescheduling of work.

4.5       The Company will only be involved in issues between the Client and the Best Match Service Provider whether relating to cancellations and rescheduling or otherwise in cases when a serious dispute in the opinion of the Company has arisen between them that cannot be resolved by them.

4.6       If the Company is unable for any reason to match or provide a Best Match Service Provider for the Client, the Company will cancel the Booking and refund any fees paid other than its administration fee for registration.

4.7      The Individual, Director, Company and or any person responsible in signing the service agreement with BeTheBees will be liable to make payments of all fees and taxes in line with the terms of service. Not making payment or failing to pay the desired agreed payment with lead to legal proceedings and collection of debt.

5. Fees Refunds and Payment

5.1       A non-refundable registration fee is payable by the Client to the Company when the Client decided to process their brief to the marketplace and later on terminates the process during any phase before or during the Active Project phase. The registration fee is payable to cover the Company’s administration charges in registering the Client and entering the Client on its data base.

5.2       The Client will be issued with a receipt for the service booked with a Best Match Service Provider. If more than one service provider is booked at the same time, the introductory session with the second or subsequent service provider will be charged at the prevailing standard rates.

5.3       Client is entitled to cancel an initial Booking made at the time of registration within 7 days of it being made and to be refunded the cost of the Booking less the Company’s administration charge, if within that 7 day period the Client has not been matched with a Best Match Service Provider. Thereafter, cancellations will not be accepted and no refunds will be made in respect of them.

5.4       If the Client is matched with a Best Match Service Provider within or after 7 days of the date of the Booking, the Client will not be entitled to any refund or to cancel the Booking.

5.5       If a Booking made at the time of registration is cancelled after 7 days of it being made, the Client will only be entitled to a credit note to be used against subsequent Bookings made within 12 months of the date of the cancellation.

5.6       If the Client fails to comply with its payment obligations, the Company may withhold or suspend its performance of its Services prior to performance.

5.7       If any sum due from the Client to the Company under the Contract or any other contract is not paid on or before the due date for payment,  all sums owing from the Client to the Company shall immediately become due and payable. The Client shall not be entitled to set off against sums due to the Company under the Contract. Any amount claimed by the Client from the Company whether under the Contract or some other contract between them or on any other account provided that the Client shall be entitled to set off against sums due to the Company valid credit notes issued to the Client by the Company. The Company shall be entitled to set off against sums held any sums due to the Company by the Client.

5.8       All payments shall be made in pounds sterling or in dollars and all charges are stated exclusive of VAT which shall be charged (if applicable) at the prevailing rate. The Company does not accept cheque or cash payments.

All payments in respect of every Booking shall be made directly to the Company and not to any Service Provider.

6          Performance of the Contract

6.1       Dates or periods for providing the Services are approximate and shall not be binding due to the fact that Services depend on the availability of Service providers and the Company is acting as agent of them.

The Company reserves the right to terminate the contract without notice and cease providing Services if the Client makes any arrangement to receive and or pay for Services directly with a Service provider.

6.2       If the Company or the Service provider is delayed or hindered in or prevented from performing the Contract or any part thereof by circumstances beyond their control then the Company and or the Service provider may suspend further performance of the Contract for so long as it is so delayed or prevented or hindered and such suspension shall not constitute a breach of the Contract on the part of the Company.

6.3       If performance of the Contract is suspended under Condition 6.2 for more than 4 weeks due to the inability for any reason of the Service provider to provide the Services, the Company shall at the written request of the Client use its reasonable endeavours to procure the provision of an alternative Service provider.  If such alternative cannot be procured or is unsatisfactory to the Client, then in such event either the Company or the Client shall be entitled to terminate the Contract by written notice.

6.4     The Company shall notify the Client in writing of any such suspension of performance of the Contract and if such suspension continues for more than 4 consecutive weeks either the Company or the Client may by notice in writing to the other terminate the Contract but without prejudice to the Company’s right to be paid in accordance with the Contract for any part of the Services which may have been provided up to the date of such notice of termination where it is given by the Company and up to the date of receipt thereof by the Company where it is given by the Client.

7. Limitation of Liability

7.1       Nothing in this Agreement shall impose on the Company any liability in respect of any representation, suggestion or comment with regard to the Services made by the Company, Service providers, its employees or agents in the course of any negotiations between the Company and the Client leading to the making of the Contract unless in the case of any such representation the Company has expressly agreed in writing that it shall be a term of the Contract. The Company’s liability under the Contract shall be limited to the aggregate amount of fees received from the Client.

8. Sub-contracting and Agency

8.1       The Company shall be entitled to sub-contract the Services in whole or in part.

8.2       The Company acts as agent for Service providers  it introduces to the Client and whilst every effort is made to match the Client with an appropriate Service provider for the Services required by the Client, the Company does not accept any responsibility for the failure or inadequacy of any services provided by the Service provider.

9. Notices

9.1       Any notice authorised or required to be given pursuant to these Conditions shall in the case of a notice to the Company be sent to it at the address stated upon its acceptance of order from time to time or such other address as the Company shall from time to time notify the Client and shall in the case of a notice to the Client be sent to the Client at the address of the Customer last known to the Company.  Any such notice may be given by post or facsimile transmission  To prove service in the case of a notice given by post it shall be sufficient to show that the notice was despatched by first class recorded delivery service in a correctly addressed and adequately stamped envelope and to prove service in the case of a notice given by facsimile transmission it shall be sufficient to show that it was despatched to the correct telephone number  Service shall be deemed to have been effected 24 hours after despatch by post or facsimile transmission.

10. Law and Jurisdiction

The Contract shall be governed by and construed in all respects in accordance with English Law and the Company and the Client hereby submits to the exclusive jurisdiction of the English Courts.