General terms of the Assesment
• The information contained in this assesment and any related discussions or documents produced by dentsu or its advisers are confidential and proprietary information. The information is subject to confidentiality restrictions between the parties.
• Dentsu will treat as confidential all information submitted as part of any responses to this assesment.
• This assesment is not an offer to enter into an agreement with any party, but rather a request to receive proposals from persons interested in providing the services outlined. Dentsu may reject all proposals, in whole or in part, and/or enter into negotiations with any party to provide such services.
• Dentsu shall not be responsible for any costs incurred by suppliers in responding to this assesment and shall not be under any obligation to any recipient whatsoever with regard to the subject matter of this assessment.
• It is the supplier’s responsibility to ensure that a full appreciation, understanding and comprehension of the services required, stated or implicit have been achieved prior to responding to this assesment. No claims will be accepted for items that arise from the supplier’s failure to meet these requirements.
• Dentsu reserves the right to vary any element of this assesment, issue supplementary documentation or make additional arrangements at any time prior to the proposal response date to clarify any issue or amend any aspect of the assesment. All such supplementary documentation issued by dentsu during the assesment process will be deemed to form part of that assesment and will supersede any part of the assesment to the extent indicated in the amendment. Dentsu may, at its absolute discretion, vary and/or extend the assesment process or postpone any submission date in the event of any such amendment.
• Dentsu reserves the right at its absolute discretion to inform any supplier that Dentsu is withdrawing its invitation to that supplier and that accordingly Dentsu does not wish that supplier to submit an assesment response.
• Dentsu shall not be obliged to disclose anything about the successful suppliers but will endeavour to provide feedback, where possible, to unsuccessful suppliers.
• Dentsu does not expect to receive a response from more than one company within a given group. In the event that your company is part of a group you should submit a consolidated response from one part of your organisation and explain how you would manage the contract in the event that you are successful.
• Neither Dentsu nor any of its subsidiaries or group companies shall have any liability (including liability for any direct, indirect or consequential loss or damage, or obligation, to the supplier), resulting from the use of, or reliance upon, this assesment; or any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in this assesment, except as may be expressly set out in any final and binding agreement entered into by DAN and the supplier and subject to such limitations as may be set out in that final and binding agreement.
• Any conflict of interest or potential conflict of interest must be fully disclosed to dentsu as soon as it becomes apparent. In the event of any conflict of interest or potential conflict of interest, dentsu will, in its absolute discretion, decide on the appropriate course of action.
• Your response should remain open for a minimum of 120 days from the proposal response date and should not be withdrawn if the 120 days expire during any contract negotiations.
• By submitting a response to the assesment the suppliers agree to all the terms and conditions laid out in this assesment and no purported rejection, variation or addition by suppliers of these terms and conditions will have any effect.
• The assesment process entered into between dentsu and any supplier will be governed by and interpreted in accordance with, English law and subject to the exclusive jurisdiction of the courts of England.
Any grading made pursuant to this assesment will be based upon the proposal with appropriate consideration given to capability, cost, contractual terms, functionality and requirements.
Proposals submitted in response to this assesment shall become the property of DAN. All proposals received shall remain confidential.
Any information in the proposal that the supplier desires to claim as proprietary and exempt from disclosure must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the supplier is making the claim must be cited. Marking the entire proposal exempt from disclosure or as Proprietary Information will not be honoured.
Please note any additional material supplied by a participating supplier, but not requested up front, will not be read.