Welcome to Tenderers KE ("Platform"), operated by Tenderers Ke LTD. This comprehensive document combines our Terms of Service and Privacy Policy to provide clear understanding of your rights and responsibilities.
1. Introduction
Tenderers KE is a digital procurement platform designed to streamline tender management for private entities in Kenya. Our mission is to digitize procurement processes, making them more efficient, transparent, and accessible.
Important: By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part, you must discontinue use immediately.
2. Definitions
For clarity in this document:
"Platform" refers to the Tenderers.ke website, mobile application, and all associated services.
"Supplier" means any registered business submitting bids/tenders through our Platform.
"Procurement Entity" means any organization publishing tenders on our Platform.
"Service Fee" means the fee paid by Suppliers for using our digital submission tools.
"Tender/Bid Fee" means any separate fee charged by Procurement Entities for tender documents.
"Application" means a complete bid submission by a Supplier.
3. Accounts & Registration
3.1 Eligibility
You must be at least 18 years old and have legal authority to represent your business or organization.
3.2 Account Security
You are responsible for:
Maintaining confidentiality of your login credentials
All activities under your account
Promptly notifying us of unauthorized access
3.3 Account Information
You must provide accurate, complete, and current information. We reserve the right to suspend accounts with false information.
4. Platform Services
4.1 Core Services
We provide:
Digital tender publication and management
Secure document submission and storage
Supplier profile management
Bid preparation tools
Communication channels between parties
4.2 What We Are NOT
Important Disclaimer: Tenderers KE is a technology platform only. We are:
NOT a procurement entity or bidder
NOT a financial intermediary for tender fees
NOT responsible for tender outcomes or decisions
NOT guaranteeing the success of any bid
5. Financial Terms
5.1 Platform Service Fees
Suppliers pay a Service Fee to Tenderers KE for:
Access to digital submission tools
Document preparation and management
Platform maintenance and support
Secure data storage and transmission
5.2 Separate Tender/Bid Fees
Procurement Entities may charge their own fees for tender documents. These fees:
Are set and collected directly by the Entity
Are paid directly to the Entity's bank/M-Pesa
Are NOT processed or held by Tenderers KE
Require Suppliers to upload proof of payment to the Platform
5.3 Pricing Transparency
All fees are displayed clearly before commitment. We use secure payment processors compliant with Kenyan regulations.
6. Data Privacy & Protection
Compliance Notice: We are registered with the Office of the Data Protection Commissioner (ODPC) and comply with the Data Protection Act, 2019.
6.1 Data Collection
We collect:
Account Information: Name, email, phone, business details
Business Documents: Certificates, licenses, tax compliance
Bid Documents: Technical and financial proposals
Usage Data: Platform interactions, preferences
Payment Information: Processed securely by third-party providers
6.2 Data Sharing & Visibility
Supplier Data Visibility: Your profile and documents are visible ONLY to:
Procurement Entities for specific tenders you apply to
Our administrators for support and verification
Never to the general public or unauthorized third parties
Entity Data Visibility: Your contact details are visible ONLY to:
Suppliers who have submitted bids to your tenders
Our administrators for support purposes
6.3 Data Use Restrictions
For Procurement Entities: By using our Platform, you agree:
To use Supplier data ONLY for evaluating specific tender applications
NOT to share, sell, or misuse Supplier data for any other purpose
To comply with all data protection laws regarding Supplier information
That misuse of data may result in legal action and platform suspension
6.4 Your Data Rights
Under the Data Protection Act, you have the right to:
Access your personal data
Correct inaccurate data
Request deletion of your data (subject to legal requirements)
Object to data processing
Data portability
To exercise these rights, contact our Data Protection Officer at dpo@tenderers.ke
6.5 Data Security
We implement:
SSL encryption for all data transmissions
Secure server infrastructure
Regular security audits
Access controls and authentication
Data backup and recovery systems
7. Intellectual Property
7.1 Platform IP
All Platform software, designs, content, and trademarks are owned by Tenderers Ke LTD. You may not:
Copy, modify, or distribute our software
Reverse engineer or decompile our code
Use our trademarks without permission
7.2 Your Content
You retain ownership of content you upload. By uploading, you grant us license to:
Store and display your content on the Platform
Share it with relevant parties as described in Section 6
Use it for Platform operations and improvements
8. User Responsibilities
8.1 General Obligations
All users must:
Use the Platform lawfully and ethically
Provide accurate information
Respect other users' rights
Not engage in fraudulent activities
Not interfere with Platform operations
8.2 Supplier Responsibilities
Submit complete and accurate bids
Pay Service Fees when due
Upload proof of tender fee payments when required
Maintain updated business documents
8.3 Entity Responsibilities
Conduct fair and transparent tender processes
Clearly communicate your requirements and fees
Evaluate bids objectively and timely
Comply with data protection rules as detailed in Section 6
Handle your own tender fee collections responsibly
9. Limitation of Liability
Important Limitations: To the fullest extent permitted by law:
9.1 Platform Limitations
We are not liable for:
Tender outcomes or procurement decisions
Disputes between Suppliers and Entities
Accuracy of information provided by users
Technical issues or downtime
Unauthorized access due to compromised credentials
Loss of data or documents (though we maintain backups)
9.2 Financial Limitations
Our total liability is limited to the Service Fees paid by you in the last 6 months.
9.3 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
10. Termination
10.1 By You
You may close your account at any time by contacting support.
10.2 By Us
We may suspend or terminate accounts for:
Violation of these Terms
Fraudulent or illegal activity
Non-payment of fees
Data misuse or privacy violations
Platform abuse or harassment of other users
10.3 Effects of Termination
Access to the Platform ends
We may retain data as required by law
Outstanding fees remain payable
11. Governing Law & Dispute Resolution
11.1 Governing Law
These Terms are governed by Kenyan law.
11.2 Dispute Resolution
We prefer to resolve disputes amicably. Please contact us first at support@tenderers.ke.
11.3 Jurisdiction
Any legal proceedings shall be in courts in Nairobi, Kenya.
Address: Utumishi Coop House Mezzanine Floor RM A01
Acceptance of Terms
By registering an account or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service & Privacy Policy.
If you are registering on behalf of an organization, you represent that you have authority to bind that organization.
Effective Date: December 14, 2025 Last Updated: December 14, 2025