Notification to all Users of e-P

Terms of Use of Service for Vendors

1. MSTC Limited shall be hereinafter referred to as "MSTC" or Administrator/Application Service Provider. The participating parties or individuals shall be hereinafter referred to as vendors.

2. The organization who is the purchaser of goods, works or services through the E-procurement system shall be hereinafter referred to as Buyers.

3. The E-procurement system may invite bids from vendors through the process of e-tender, Reverse e-Auction ,Reverse e-Auction with Quantity cum Price bid Or any other mode.

4. This set of terms and condition is general in nature and is a part and parcel of the terms and condition of use of E-procurement services.

5.Vendors have to fulfill all contractual liabilities arising out of the bids submitted by them on this e-procurement system. All procurement contracts subsequent to use of the e-Procurement system shall be entered into between the Buyers and the Vendors and MSTC shall not be a party in any such contract.

6. Only registered vendors shall be eligible to participate in any e-procurement event conducted on MSTC’s e-Procurement system.

7. Vendors are required to register with MSTC portal online as per proforma followed by submission of documents and / or fees to the Buyer for whom such registration has been sought. The Buyer shall decide the list of documents and the fees and shall be intimated to the vendors as soon as the vendors submit the on-line registration form. The vendors would generate their own user ID and password. Such vendors will be listed as registered vendors. No vendors without registration with MSTC portal will be able to bid for E-procurement

8. Mere registration will not confer any right upon the vendors to participate in the E-procurement

9. Depending on the type of the e-procurement (Open /Global / Limited), participation of vendors will be restricted. For Open type, all registered and activated vendors shall be eligible to participate in the bidding whereas for Limited type events, only such vendors will have access who will be pre-qualified by the Buyer.

10. The details of the E-procurement event shall be available to vendors through their logins in the form of NIT or Corrigendum. Un-registered vendors shall be able to download the NIT / Corrigendum by submitting some details.

11. Vendors are required to have their own and valid Digital Signature Certificates (DSCs). Each vendor shall need his signing type DSC to sign and log in. During saving his bid in e-tender before final submission, a vendor shall need to have his Encryption type DSC.

12. Vendors are required to note that only one DSC will be allowed to be used with an user id. DSCs are non transferrable.

13. By registering with MSTC’s e-procurement website, Vendors agree not to use, display, upload, modify, publish, transmit, update, share or store any information that

(a) belongs to another person,

(b) is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) discloses sensitive personal information of other person or to which the user does not have any right to;

(g) causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(h) impersonate another person;

(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(j) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

14. Vendors agree that MSTC shall be at liberty to de-register or suspend the registration of any Vendor due to their misusing of the facilities provided or due to any non-compliance of statutory guidelines / above instructions or due to any other infringement caused which is not as per the extant law of the land.

15. Vendors agree that MSTC has taken all possible measures to safeguard the business interest of vendors and MSTC does not discriminate between Vendors.

16. Vendors agree to keep MSTC indemnified against any loss incurred by them due to non-functioning or mal-functioning of MSTC’s e-procurement system owing to technical reason beyond the control of MSTC.

17. The vendor acknowledges and agrees that wherever applicable, the content, including but not limited to text, software, music, sound photographs, graphics, video, or other material contained in website, including advertisements or information is protected by domestic and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The vendor is permitted to utilize this material and information only for intended use, and shall not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. MSTC/buyer shall not be held liable for any misuse or infringement of any trademark or copyright by the vendor, and the vendor shall be solely liable for any damages, claims, actions, etc. for infringement or violation of the same. MSTC/buyer reserves the right at its sole discretion to terminate the access of the vendor to the website, if the vendor violates the provisions of this clause.

19. Any dispute arising in connection with the interpretation or implementation of these terms and conditions shall be resolved by arbitration under the Arbitration and conciliation Act, 1996. The language of the arbitration shall be English. The place of arbitration shall be Kolkata, India. All disputes covered under this Arbitration clause shall be referred to the CMD, MSTC Ltd for adjudication by him or by his nominee.

20. Only the Courts at Kolkata, India shall have the exclusive jurisdiction to entertain any dispute connected with the arbitration proceedings or any other matter or claim arising out of or in connection with the E-procurement.

21. FORCE MAJURE: For any delay in performance due to any reason/cause beyond their control including fires, floods, go-slow, lockout, closure, pestilence, dispute with staff, dislocation of normal working condition, war, riots, epidemics, political upheavals, government action, civil commotion, breakdown of machinery including technical failures, shortage of labour, acts demands or otherwise or any other cause or conditions beyond the control of aforesaid cause or not and the existence of such cause or consequence MSTC / Buyer may extend the time of performance by such period as may be necessary to enable MSTC/Buyer to effect performance after the cause of delay will have ceased to exist. The provisions aforesaid shall not be limited or abrogated by any other terms of the contract whether printed or written.

22. Vendors agree not to test the e-procurement system with false bids. The risk and consequence of any such false bid lies exclusively with the Vendor and MSTC/Buyer will be at liberty to take penal action against such Vendor as deemed fit.

23. By registering with MSTC’s e-procurement system, Vendors agree to pay transaction charges to MSTC on event basis. Such payment can be made by the Vendors either on-line or off-line as notified from time to time. The Vendor further agrees that if he fails to pay the transaction fee to MSTC before bidding in the e-procurement system, he should pay the same to MSTC forthwith on receipt of demand from MSTC. Failure to pay the transaction fee even after receipt of demand by MSTC, the Vendor’s user account in the e-procurement system may be suspended or cancelled by MSTC.

24. Vendors agree that the terms and conditions of events as notified in the NIT / Corrigendum by the Buyer shall be read in conjunction with these terms and conditions. In case of any clash in the meaning / interpretation of the terms and conditions, the terms and conditions mentioned in the NIT / Corrigendum shall prevail.

25. MSTC reserves the right to modify these terms and conditions from time to time. Vendors are requested to periodically check these terms and conditions for updates.