Bidder, Consultant and Vendor Registration Agreement
This Memorandum of Agreement ("Agreement") sets forth the terms and conditions for use of the San Antonio Water System's ("SAWS") Vendor Registration and Notification Service ("Service").
Use of the Service by the Vendor constitutes the Vendor's acceptance of the terms and conditions of this Agreement.
By submitting this electronic vendor registration, the user certifies and warrants that he/she is 18 years of age or older, duly authorized by the Vendor to register all the information requested during the registration process and to enter into this Agreement on behalf of the Vendor.
TERMS AND CONDITIONS
LIABILITY STATEMENT: By registering with the Service, the Vendor accepts certain any and all liability with regard to the receipt of announcements, notifications and solicitations promulgated by the Service. SAWS will make all reasonable attempts to notify Vendors of solicitations being released. However, it is the ultimate responsibility of the Vendor to access the SAWS Web site to view all current solicitations and addendums. SAWS will use the e-mail address that the Vendor provides as the primary communication device for matters related to the Service.
The Vendor also agrees that all announcements, notifications and addendums are effective upon posting to the SAWS Web site regardless of whether an e-mail message was sent by SAWS and/or received by the Vendor. SAWS does not guarantee e-mail delivery for any reason.
Notification received through the Service does not constitute a legal notification as defined by the Texas Local Government Code, but is intended as a courtesy to alert prospective vendors of current solicitations and to encourage participation.
The Vendor shall ensure accuracy when completing the registration profile and must keep this profile current. Neither SAWS nor its employees assume any responsibility for the accuracy or completeness of the Vendor profile.
As consideration for the terms and conditions provided for herein, SAWS agrees to provide this information contained on this Web site as a convenience to the Vendor. SAWS will make a reasonable effort is made to ensure that the information provided is updated. However, in any case where legal reliance on information contained in these pages is required, the official records of SAWS should be consulted. SAWS does not guarantee that the information on this Web site is timely, accurate, or complete, and SAWS assumes no liability for damages, incurred by the user of this information, which may occur directly or indirectly as a result of errors, omissions, or discrepancies in the information. Any Vendor who relies on this the information contained herein does so at their own risk.
SAWS will exercise all possible and reasonable care to avoid mechanical and other failures for the Service. However, SAWS is not responsible for and accepts no liability for any technical problems of any nature that result from this Web site. Therefore, failure of SAWS to send an e-mail notification or an e-mail not sent to or received by the Vendor will not constitute cause for other bids/proposals that are received, to be rejected and/or the solicitation to be re-advertised.
If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions of this Agreement will remain in force.
PRIVACY STATEMENT: The information the Vendor provides when completing the Service's registration profile is being collected for the convenience of SAWS and may be made available to the public to the extent allowed or required by law. By completing the registration process, the Vendor consents to the public disclosure of the information contained herein.
DISCLAIMER: Use of this Service is at the sole risk of the Vendor and is subject to all applicable local, state and federal laws and regulations. Although SAWS has endeavored to create a secure and reliable Service, the confidentiality of any communication transmitted over the Internet cannot be guaranteed.
Addendums may be issued at any time, subsequent to the publishing of the solicitation. SAWS does not assume responsibility for inaccurate profile information provided by the Vendor that would disable communication. It is the sole responsibility of the Vendor to maintain and update the vendor profile and obtain any addendums. SAWS is not responsible for out-of-date or inaccurate Vendor information which could result in non-notification of bids.
PASSWORD POLICY: Use of the Service requires an e-mail address and a password. During the registration process for the Service, the Vendor must choose a unique password. Any person with knowledge of both the e-mail address and password can gain access to the Service and the information that is provided in the Vendor registration profile. Accordingly, the Vendor will be solely responsible for the confidentiality and use of the Vendor password. As a condition of use, the Vendor must notify SAWS if the Vendor password has been lost or stolen. SAWS reserves the right to reset passwords at any time.
TERMINATION: SAWS may, at its sole discretion, terminate or suspend the Vendor's access to all or part of this Service for any reason or breach of Agreement at any time.
FORCE MAJEURE: SAWS is not responsible for disruption of Services due to circumstance beyond its control including, but not limited to: fire, flood, war, civil unrest, severe weather, disruption of telephone or Internet service, technical or mechanical problems affecting the Vendor's computer or fax equipment, or other unforeseen catastrophes.
ENTIRE AGREEMENT: This Agreement shall remain in effect for as long as the Vendor is registered with SAWS. These terms and conditions shall constitute the entire Agreement between SAWS and the Vendor, and shall supersede all prior discussions, negotiations, or made by the parties.
ALTERATIONS AND AMENDMENTS: This Agreement, including applicable fees and service charges, may be altered or amended by SAWS from time to time. In such event, SAWS shall provide notice to you of the changes at the registered e-mail address. Any use of the Service after SAWS provides you a notice of changes will constitute your agreement to such change(s). Further, SAWS may from time to time revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, SAWS reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material, limiting access to only the more recent revisions and updates.