Terms and conditions
The following conditions regulate the legal relations between NAMPOWER and the Online Bidder within the scope of the Online Service. These Website Terms shall be deemed to have been accepted by the User at the time when the user first registers with NAMPOWER as contemplated in clause 3 and are thereafter confirmed each time the User uses the Services.
In these Website Terms, unless inconsistent with or otherwise indicated by the context, the following terms will have the meanings assigned to them in this clause:
2.1. "Agreement" means the contract entered into between NAMPOWER and the Online Bidder consisting of, inter alia, these Website Terms, NAMPOWER Website Privacy Policy and the information supplied to NAMPOWER on registration, as updated from time to time;
2.2. "Online Bidder" means any natural person or juristic person who enters or intends entering into an electronic transaction with NAMPOWER as the end-user of the Online Service;
2.3. "User Data" means the password and e-mail address provided to NAMPOWER by the Online Bidder as part of the Online Service;
2.4. "Incorporated Entity" means any juristic person including a company, close
corporation, trust, partnership;
2.5. "Intellectual Property Rights" means all patents, trademarks, service marks, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, templates, software or any changes or additions thereto (if any) and other similar rights or obligations, whether or not registered, registered or application for registration thereof has been made in any part of the world;
2.6. "NAMPOWER" means the Namibia Power Corporation (PTY) Ltd;
2.7. "Marks" means any trademarks, logos, brand names, domain names or other marks of NAMPOWER;
2.8. "Party" and "Parties" means NAMPOWER and the Online Bidder;
2.9. "Online Service" means the electronic services provided by NAMPOWER to the Online Bidder from the Website from time to time as outlined in clause 12 under the heading "Description of Services" ;
2.10. "Website" means the website from which the Online Service is provided, currently located at https:// procurement.nampower.com.na ;
2.11. "Website Terms" means these terms and conditions
For the utilization of the Online Service, Online Bidder requires an internet or proprietary online service with internet access. These online services are exclusively transmitted with Secure Socket Layer-coding.
The Online Service enables the Online Bidder within the scope of the existing technical and operational circumstances to upload bid documents submission electronically as registered for on the NAMPOWER website. For this purpose, it is agreed that a declaration of intent between NAMPOWER and the Online Bidder that bid documents can be submitted electronically.
For the use of these services, Online Bidders have to be registered on the Online Service. Registration takes place through an online form provided by NAMPOWER which the Online Bidder has to fill in. In the registration process, the Online Bidder enters an email as well as a personal password according to the instructions given by the Online Service. After completion of the form, a confirmation email will be sent to the provided email address of the Online Bidder to confirm and activate the registration.
After the Online Service has been activated, the Online Bidder is legitimized exclusively through the email and personal password chosen by the Online Bidder and authorized to transact business through the Online Service offered by NAMPOWER.
4.1. The Online Bidder will not be able to access and use the Online Service without its User Data. As such, the Online Bidder agrees not to provide the User Data to any person or entity not a party to this Agreement and any unauthorized provision of a password by the Online Bidder to a third party shall constitute a breach of this Agreement and NAMPOWER shall be entitled to exercise its rights under clause 7.1 (ii) until the matter has been investigated and resolved to the satisfaction of both Parties.
4.2. NAMPOWER may cancel Online access if the password with the username is entered incorrectly five times in sequence or if there is suspicion of unauthorized use of password and username. If the Online Bidder suspects that the confidentiality of the User Data has been compromised, the Online Bidder shall immediately advise NAMPOWER of this fact using the procedure under clause 7.2. Upon receipt of the e-mail, telephone call or facsimile, NAMPOWER shall suspend access to the Website until the matter has been resolved to the satisfaction of both Parties.
4.3. The Online Bidder shall remain responsible for all activities executed before the suspension of the Online Bidder's registration.
5.1. NAMPOWER has used its best efforts to ensure that proper security controls are in place around the Website.
5.2. The Online Service transactions offered by NAMPOWER take place in an environment well protected against security threats and NAMPOWER makes use of a double firewall security system, extensive use of SSL encryption for all transactions. Once an Online Bidder begins using the Online Service website he will notice that the site URL will change from HTTP to https and a small padlock will appear at the bottom of the Online Bidder's screen. This is indicative of a secure internet transaction.
5.3. Whilst NAMPOWER does facilitate the use of security features, processes and procedures on the Website which are in accordance with or higher than the accepted industry standard, NAMPOWER cannot guarantee the security of the information that is transmitted by the Online Bidder to NAMPOWER. Notwithstanding various precautions taken by NAMPOWER, the Online Bidder accepts that by transmitting information over the internet, such information may be subject to unlawful access or monitoring and that NAMPOWER is accordingly not liable for any loss, harm or damage which the Online Bidder may suffer as a result of this.
5.4. All User Data allocated to the Online Bidder is personal to the Online Bidder and the Online Bidder shall be liable for any loss or damage sustained by NAMPOWER or any third party as a result of any actions by the Online Bidder or any other person to whom the Online Bidder has disclosed its User Data.
5.5. The Online Bidder authorizes NAMPOWER to act on any instruction given by and/or purporting to originate from the Online Bidder, even if both NAMPOWER and the Online Bidder have been defrauded by someone else unless the Online Bidder has notified NAMPOWER in terms of clause 5.6 below before NAMPOWER acting on a fraudulent instruction.
5.6. If any security violations are reasonably believed to have occurred in connection with the Online Bidder's account, NAMPOWER will investigate forthwith and, if necessary, change the relevant User Data, including access codes and passwords and give the Online Bidder immediate notification. A copy of the results of any investigation will be provided to the Online Bidder at no cost.
5.7. The Online Bidder shall advise NAMPOWER immediately should any other person gain access to its User Data following NAMPOWER procedures relating to reporting misuse outline in clause 5.3 above and to the Web Manager using the procedure under clause 7.2 and shall give its full co-operation to NAMPOWER in any investigation carried out by NAMPOWER.
5.8. The Online Bidder hereby indemnifies NAMPOWER against any claim howsoever arising from (i) the Online Bidder's disclosure of its User Data to a third person, (ii) the use of such User Data by a third person and/or (iii) any action by the Online Bidder or third party as a result thereof.
5.9. NAMPOWER reserves the right to take whatever action it may deem necessary at any time to preserve the security and reliable operation of its infrastructure and the Online Bidder undertakes that it will not do or permit anything to be done which will compromise NAMPOWER's security.
5.10. Although NAMPOWER applies reasonable endeavors to provide disaster recovery, NAMPOWER does not specify any recovery time, nor is NAMPOWER liable for any loss or damage of whatever nature incurred or suffered by the Online Bidder arising from or in connection with any cause whatsoever as a result of its failure to provide, or delay in providing, or providing only partial disaster recovery.
5.11. Email and personal password represent a material security precaution on the Online Service of NAMPOWER. Every person who knows the email and respective password can use the online services of NAMPOWER and can e.g. change personal data such as communication addresses or submit bids on behalf of the Online Bidder. Security precautions apply according to the instructions given in the user management and all entered data are confidential. Online Bidders can change the password at any time and should make use of this possibility regularly from time to time.
To avoid phishing attacks, the Online Service of NAMPOWER must be selected directly through https://www.nampower.com.na or https:// procurement.nampower.com.na but not through any other internet connections or links. Should the Online Bidder despite this warning use other access routes than https://www.nampower.com.na or https:// procurement.nampower.com.na to access the Online Service, then it will be at the Online Bidder’s own risk.
7.1. Termination by NAMPOWER : NAMPOWER (i) may terminate these Website Terms and the Online Services, or individual Online Service, on thirty (30) days written notice to the Online Bidder. NAMPOWER may block online access if (ii) the password with the username is entered incorrectly five times in sequence; (iii) there is suspicion of unauthorized use of password and username. NAMPOWER will inform the Online Bidder stating the reasons, if possible before but at least immediately after termination of Online Service. The termination can be cancelled if the justification for the termination no longer applies. Online Bidders will be informed accordingly.
7.2. Termination by the Online Bidder : Access to the Online Service will be terminated if the Online Bidder has given NAMPOWER written instructions.
7.3. Breach : Should the Online Bidder breach any of these Website Terms, then NAMPOWER shall be entitled, without prejudice to any other rights that NAMPOWER may have and without notice to the Online Bidder, to (i) terminate or suspend the Online Bidder's use of any or all of the Online Services, (ii) terminate its relationship with the Online Bidder and/or (iii) list the Client with any credit bureau which the Online Bidder hereby expressly consents to. In all instances, NAMPOWER shall be entitled to recover all of its costs associated with the Online Bidder's breach, including without limitation, legal costs on an attorney and own client scale, whether incurred before the institution of, or during legal proceedings or if a judgment has been granted, in connection with the satisfaction of such judgment.
7.4. Adjudication of disputes : All disputes shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Act, Act 42 of 1965 (as amended). The arbitrator shall be agreed upon between the Parties and failing such agreement, and within ten (10) days after the arbitration has been demanded by either the Parties, either of the Parties shall be entitled to request the chairperson for the time being of Arbitration Foundation of Southern Africa (AFSA) to make the appointment who, in making the appointment, shall have regard to the Party's requirement of speedy arbitration. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator. The arbitration shall be held (i) in Windhoek at a venue agreed to between the Parties in writing, (ii) in English and (iii) as soon as practically possible and with a view to it being completed within twenty-one (21) days after it has been demanded. The Parties irrevocably agree that any award that may be made by the arbitrator (i) shall be final and binding, (ii) will be carried into effect and (iii) may be made an order of any court to whose jurisdiction the parties are subject. The provisions of this clause (i) constitute an irrevocable consent by the Parties to any proceedings in terms hereof and no Party shall be entitled to withdraw therefrom or to claim at any such proceedings that it is not bound by such provisions and (ii) are severable from the other provisions of these Website Terms and shall remain in effect notwithstanding the termination of or invalidity of a reason of any of these Website Terms.
The Online Bidder is solely responsible for the correctness of the data entered. NAMPOWER has no obligation to verify the data entered as such. Incorrect entries, especially of bid identification numbers, can result in disqualification from the submitted tender.
Online Bidders have the following particular diligence obligations:
The Online Bidder has to keep email and password confidential and to change the password immediately or to request deletion of access if the Online Bidder suspects that an unauthorized third party has or may have knowledge of it. Email and password should not be saved, especially the cache (browsing history) of the used browser has to be deactivated or deleted after use. The Online Bidder has to adhere to the rule as mentioned in clause 6 above that only the access routes indicated by NAMPOWER may be used. Changes of the indicated e-mail address have to be communicated to NAMPOWER immediately by the Online Bidder through the Online Service.
10.1 Neither NAMPOWER, its employees, agents, consultants, and advisers shall be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising or may arise out of the Online Service under contract, direct or otherwise), sustained by the Online Bidder, including but not limited to any loss of profits, loss of operation time, corruption or loss of information and/or loss of contracts and/or profits.
10.2 NamPower shall not accept liability in any event including (without limitation) negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, consequential damages, expenses or losses arising out of, or in connection with your use or inability to use the Online Service, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation.
10.3 NamPower shall not be liable for any loss or damage regarding data directly or indirectly caused by malfunction of our system, third party connectivity such as internet connection disruption, power failures, unlawful access to or theft of data, computer viruses on our system.
10.4 All future communications regarding the bid(s) will be channeled through the contact details provided by the Online Bidder during the bid submission process. The Bidder guarantee’s that the contact details provided by it during the bid submission process are valid and accurate. NamPower therefore accepts no liability for any information transmitted by it using the contact details as provided by the Bidder in case such information fails to reach the intended recipient(s) for any reason whatsoever, including, but not limited to the Bidder’s having provided incorrect contact information.
10.5 Any other event for which we have no control over.
NAMPOWER warrants that it has the facilities, infrastructure, capacity and capability to provide these services. Save for the foregoing warranty, the Online Service is provided as-is and as available. The Online Service is accordingly provided "as-is" and "as-available" and without any warranty of any nature whatsoever, whether express or implied, including without limitation warranties of merchantability, fitness for purpose, title or non-infringement. Under no circumstances shall any advice or information furnished by NAMPOWER, its agents or employees be construed as a warranty of any kind.
12.1. NAMPOWER is entitled to temporarily suspend its obligations in terms of these Website Terms (i) to give effect to the provisions of clause 7.1 and (ii) to service, repair, maintain, upgrade, modify, alter, replace or improve the Online Service.
12.2. For purposes of clause 12.1(ii), where circumstances permit, NAMPOWER will use its best endeavors to provide prior notice of any such suspension to the Online Bidder and NAMPOWER shall not be liable for any loss or damage of whatever nature incurred or suffered by the Online Bidder arising from or in connection with or from any cause whatsoever as a result of such suspension .
NAMPOWER reserves the right, at any time, to amend any of these Website Terms. NAMPOWER will inform the Online Bidder about changes at thirty (30) days before they become effective. If the Online Bidder objects to any amended Website Terms which are binding upon it or are to become binding upon it, the Online Bidder is entitled to terminate the use of the Online Service with a notice period of two weeks from the date of effect of the adjustment. Should the Online Bidder not make use of this right, the changes are considered as accepted by him. For NAMPOWER to give the Online Bidder notice of any amendment to any of these Website Terms, the Online Bidder hereby grants NAMPOWER the authority to issue such notification by e-mail. Any such notice so issued by NAMPOWER shall as far as it contains contractual terms about the Online Service, also form part of these Website Terms.
Online Bidder may lodge complaints concerning the Website with NAMPOWER at NAMPOWER, Procurement Management Unit, Manager: Procurement, 3rd Floor Floor, 15 Luther Street, Windhoek. Alternatively:
P O Box 2864, Windhoek, Namibia
NAMPOWER contact information:
Telephone: +264 61 2054111
Fax: +264 61 2052343
The Online Bidder first and foremost need to register and identify himself using his email address as supplied when applying for the bidding document , to use this Online Service as offered by NamPower. Once an Online Bidder is registered then he will have access to various services offered online, which are as follow:
I. Submit bid documents – The Online Bidder can upload bid documents during the open period of the biding process of the advertised bid for which the Online bider has registered for when downloading the bidding document. The Online Service will only allow submissions in portable document format ( .pdf) for security reasons.
II. Modify bid submission – The Online Bidder can view and modify the submission by adding or removing file(s) to the submission for which the bidding process is still open.
III. Validate submission authenticity – The Online Bidder can validate bid file(s) uploaded to confirm that they are not changed or tampered after submission.
IV. View Open Bid Registered – The Online Bidder can view a dashboard for register open bid on the Bid Portal.
V. Password - The Online Bidder may change his passwords and also reset them if he forgets his password. The system intuitively interacts with the Online Bidder.
16 Governing Law
These terms shall be governed by the provisions of the Public Procurememt Act, Act 15 of 2015.
Windhoek, 05.05.2020