CBO Terms and Conditions

GENERAL

Welcome to Cannabis Business Opportunities (www.cannabizopps.com; CBO; CannaBizOpps). This is an online Platform and company that has been created to provide a secure venue to meet your procurement needs. All suppliers (offerors, service providers, vendors, contractors), buyers, regulators and other users of our Services and Platform are required to accept and comply with these Terms and Conditions. Failure to accept the Terms and Conditions will result in no access to the Platform or our services.

The Terms and Conditions explain the contractual agreement between the User and CANNABIS BUSINESS OPPORTUNITIES regarding the use of the website platform and CANNABIS BUSINESS OPPORTUNITIES's facilitation of any Services provided. CANNABIS BUSINESS OPPORTUNITIES is a Platform for Buyers and Sellers to facilitate purchases of commercial items in the cannabis and hemp industry. CANNABIS BUSINESS OPPORTUNITIES do not provide any endorsement with respect to any of the participants and products or services in a particular solicitation. For any questions regarding the Terms and Conditions, please contact info@cannabizopps.com. CANNABIS BUSINESS OPPORTUNITIES reserve the right to edit the Terms and Conditions at any time. Current terms will be posted to the website. The current applicable Terms and Conditions shall be effective upon the date indicated where noted and posted to the website. Updates to Terms and Conditions are prospectively applicable to future solicitations, and not retroactively applicable to past or then-open solicitations, unless otherwise specifically provided for in the update.

Cannabis Business Opportunities provides strategic sourcing, procurement and contract administration that follows Federal regulations. Buyers and Sellers are responsible for ensuring their acquisition complies with all applicable laws, regulations and Cannabis Business Opportunities unique policies.

REGISTRATION

Any company that intends to solicit or respond to solicitations must first register with us and be verified with Cannabis Business Opportunities. When registering with CBO, vendors will be able to and are encouraged to input all of their applicable NAICS codes (company function(s).

Vendor organizations with multiple locations, may have multiple user accounts registered on the Platform and associated with the vendor and the vendor's DUNS or EIN number.

Buyers are limited to owning and operating in the cannabis or hemp industry or for educational, clinical or research. For example, cultivators, extractors, labs, manufacturers, suppliers, dispensaries, universities, pharmaceutical companies, medical offices and governmental agencies. Broker Buyers are not permitted to do business with CBO unless it has an agreement with G&L Wellness.

Suppliers, vendors, contractors and offerors are limited to having commercial products or services needed by cannabis and hemp operating businesses in any sector (cultivation, labs, extractors, processors, ancillary businesses, manufacturers, logistical services, IT, etc.).

FUNDING

The buyer is responsible for ensuring proper funding is available at time of purchase request and/or prior to solicitation. The buyer is responsible for compliance with all applicable state laws and regulations for conducting business and must have a bon-a-fide need. A bon-a-fide need comes with submitting the purchase request, proof of funds in escrow or in the escrow account provided by CBO and the submitted purchasing agreement.

Buyer agrees to provide additional funding and pay the purchasing fee prior to award of any contract or cancel the solicitation and forfeit the deposit after solicitation is sent.

CONDUCT OF THE SOLICITATION

Quoting will begin and end at the dates and times specified for each request. Please note: The times displayed are defaulted to the Eastern Time Zone. The offeror is responsible for checking on the status of their own quote. The user will have to refresh their screen to get current status when on the Platform.

Cannabis Business Opportunities shall not be responsible for the failure of Seller's computer equipment or failure of the Internet, communication lines or software. CBO and Buyer shall not be responsible for failure of any of the Seller's supplier issues.

It is the Seller's responsibility to verify that quotes are correct prior to submittal. Seller should only be providing a response to a solicitation if it has direct access to the requested services and items that CBO is asking for. As a Seller, you are responsible for your sub-contractors (supply chain) actions. It is your responsibility to ensure that you have the proper mechanisms in place to ensure your suppliers provide the goods and services you need to provide business to CBO and its Buyers. CBO does not work with sub-contractors and only with the Seller who is the prime contractor for CBO.

Quote prices should be entered in Unit Prices. Do not enter total overall prices unless it is in a TOTAL column. The Seller will be obligated to honor and will be bound by any quote that it may submit, if that quote is accepted by the Buyer and an award made by CBO to the Seller. Cannabis Business Opportunities cautions Sellers not to offer a quote at an unrealistic price (e.g., a price which might force a Seller to fail to deliver on the contract which could result in a termination for default or other adverse consequences to the Seller). Offerors should carefully evaluate their cost structure and supply chain suppliers prior to participating in any solicitation.

The Buyer is ultimately responsible for deciding to award the solicitation after responses are received.

You must be a responsible source to provide a quote in good faith that you can perform to the expectation of the specifications, statement of work or solicitation requirements.

Example: CannaProduct, Inc. was awarded a contract for $1,000,000 for 10 kilos of CBD Isolate on 12/14/16 with a delivery due date of 5 calendar days after award (12/19/16). On 12/21/16 CBO reaches out to CannaProduct to inquire about the status of delivery, since confirmation was not sent. CannaProduct indicates that its supplier has not sent it because it does not have the product. CBO lets CannaProduct know that it has 10 days to send the product to the Buyer. Fifeteen (15) days later, CannaProduct still indicates it cannot locate the products. CBO terminates the contract for default and CannaProduct, Inc is required and obligated to:

  • Refund the costs transferred to CannaProduct at award to CBO, plus;
    • The difference of the actual cost to get the product from another source; plus
    • ½ the procurement fee

The total cost due to Cannabis Business Opportunities from CannaProduct and due within 15 calendars days of termination is $1,457,000.00. CannaProduct decided to just walk away and do nothing. Police report was filed, past performance was annotated, and city, state and other governmental agencies were notified. CannaProduct was listed on the Excluded Parties List and was not allowed future awards from CBO or its network. Public Disclosure was announced on all social media sites and all of CBO partners and affiliates were notified.

Notice: The governing time for submission of quotes is the time indicated the solicitation.

SOLICITATION TRANSPARENCY

By participation in this procurement the Offeror agrees to disclosure of prices submitted to other offerors participating in competitive solicitations and agrees that it shall be bound by the quotes submitted. In order to foster transparency and openness in the competitive process, all prices submitted by the vendor will be compiled onto an abstract and provided to the Buyer and all vendors that submitted pricing. Vendors will be able to see the quote amount submitted, but no identifying information (such as company name) of the other offerors.

CONSIDERATION OF QUOTE

Buyers must consider a quote in accordance with all applicable laws, regulations, Cannabis Business Opportunities contracting procedures, and the particular terms and conditions of the Buyer's solicitation.

A QUOTE

The amount in USD that a Vendor is offering goods or services in response to a solicitation. The quote must contain all the information requested by CBO in the solicitation by the due date to be responsive.

FIRM FIXED PRICE

FFP is a quote placed by the Vendor where the Vendor is willing to sell the product or the service for a set price.

QUOTE RETRACTION

Quotes submitted in response to a solicitation may be withdrawn within 24 hours of solicitation due date. An offeror's request to withdraw any quote or proposal prior to award shall be directed to Cannabis Business Opportunities Contracting Officer and an email must be sent to info@cannabizopps.com titled QUOTE RETRACTION-<indicate RFQ number> and explain the reason for retraction.

AMENDMENTS

After issuance of a solicitation, but before the date and time set for solicitation closing, Cannabis Business Opportunities may determine to amend solicitation requirements, terms or conditions. Events or circumstances prompting an amendment may include but not be limited to any changes in quantity, specifications, or delivery schedules, the need to correct solicitation defects or ambiguities, or a need to change the closing date and/or time for receipt of quotes.

Any changes in quantity, specifications, or delivery after a solicitation has closed should be handled as a modification and must be accepted by the Buyer.

AWARDS

CANNABIS BUSINESS OPPORTUNITIES is not responsible to the vendor or buyer for the success or failure of the solicitation. It is the responsibility of the Buyer to make final determination of award and Cannabis Business Opportunities will communicate with the winning and losing offeror(s) on all determinations from their solicitation to include any notifications, brief explanations of basis for award decisions, or debriefings to unsuccessful offerors as applicable.

Awards are made by Cannabis Business Opportunities in accordance with the terms of the solicitation. After a solicitation closes, Cannabis Business Opportunities takes into account the solicitation results in making the award decision.

NO-AWARD

In the event that a successful quote is not received or other extenuating circumstances that lead to no award, Cannabis Business Opportunities reserves the right to make no award and document the reasons for no award.

NOTIFICATION OF SOLICITATION RESULTS

The technically acceptable apparent low offeror will be notified by email at the conclusion of the solicitation. Quote results will not be furnished via telephone or fax. It is the offeror responsibility to follow-up on the status of their quote/quote and to ensure that their email address and all registration data are kept accurate and up-to-date. If at any time, the offeror information changes, it is the vendor's responsibility to update the appropriate information to CANNABIS BUSINESS OPPORTUNITIES.

It is the responsibility of the Buyer when using our e-procurement platform to make an award and ensure system generated notifications to unsuccessful offerors are successfully provided, in accordance with the terms and conditions they have set forth in the solicitation and applicable regulations.

NON-CIRCUMVENT

  • The Parties shall keep strictly confidential the names and any other identifying information of any Contacts introduced or revealed to the other party, and that their firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, contractors, heirs, assigns, designees, or consultants will not contact, deal with, negotiate or participate in any transactions with any of the contacts without first entering into a written agreement with the Party who provided such contact, unless that Party gives prior written consent. Such confidentiality will include any names, addresses, email addresses, telephone, telex, facsimile numbers, and/or other pertinent information disclosed or revealed to either Party.
  • Buyer will not contact Cultivators, Brokers, Manufacturers or Suppliers that Cannabis Business Opportunities introduce to Purchaser, or any entity or person having a business relationship with those Cultivators, Brokers, Manufacturers or Suppliers, including, but not limited to, owners, landlords, employees, suppliers and clients, except through Cannabis Business Opportunities.

Offeror will not contact the Buyer, or any entity or person having a business relationship with that Buyer, including, but not limited to, owners, landlords and employees, except through Cannabis Business Opportunities.

All parties acknowledge that Cannabis Business Opportunities is a professional procurement and contract management agency and that we work with many Buyers that are Sellers and Sellers that are Buyers. This non-circumvent is strictly for the protection of CBO to ensure the Buyer nor the Seller circumvents CBO to enter into a purchase or service agreement after introductions by Cannabis Business Opportunities or within 90 days of initial award or contract completion.

Liquidated Damages. In case of circumvention, the Buyer and the Offeror agree and guarantee that they will pay a legal monetary penalty that is equal to three (3) times the fee Cannabis Business Opportunities should have realized in such transactions, by the person(s) or entity(ies) engaged on the circumvention for each occurrence.

CANCELLATION OF SOLICITATIONS/AWARDS/PURCHASE REQUESTS(PR)

Buyers will be subject to forfeiture of the deposit once the purchase request is submitted. The Buyer has 2 calendar days to provide escrow information or have funds wired into Perez Escrow Services.

Buyers have the right to cancel a solicitation at any time with proper documentation and justification in accordance with the terms and conditions of the solicitation and all applicable regulations. Once a solicitation has been cancelled, buyer is prohibited from making a selection based on solicitation results at the time of cancellation and cannot go directly to any Vendors that showed interest in the solicitation(Non-Circumvent). All documentation regarding cancellations needs to be provided to the Contracting Officer.

Buyers have the right to cancel an award of purchase order or contract with proper documentation and justification in accordance with the terms and conditions of the solicitation and all applicable regulations. Buyers will be subject to 1% of the total award as a penalty for issuing a Termination for Convenience. All monies minus Termination for Convenience fee, minus bank/wire fees, minus any outstanding payments owed to supplier; funds remaining in escrow shall be returned to Buyer.

If contract is awarded and Supplier cannot provide the product or services, the Supplier will be held liable to refund CBO monies transferred to Offeror at award; plus

  • any difference in the price of re-procuring the product or service; AND
  • ½ Purchasing Fee originally quoted to the buyer; OR
  • Cancellation Fee 1.5% of total base award.

If Seller fails to be in compliance with any of the contract clauses, terms and conditions of CBO or the purchase order and fails to cure the breach of contract within the indicated time frame as indicated on the cure letter sent by CBO and fails to provide a refund of the monies transferred plus, the re-procurement fees; Seller acknowledges that CBO will immediately:

  • Make a local police report
  • Notify city, state and other regulatory agencies with your company information and report of what happened.
  • Annotate Sellers evaluation
  • Placed on CBO Excluded Parties List
  • Disclosed on CBO, Partners and Affiliates social media accounts, as a newly added company who could not perform and did not provide<default issue>
  • Forwarded to Cannabis Business Opportunities legal counsel for collections
  • Be subject to civil suit by the Buyers representatives

ORDER TERMINATIONS, DISPUTES, AND PROTESTS

If an order awarded in connection with the use of this Platform is terminated or cancelled or a dispute or protest arises from specifications, solicitation, award, performance or termination of an order, appropriate action will be taken by Cannabis Business Opportunities in accordance with the terms of the order and applicable laws and regulations, and users acknowledge and agree that CANNABIS BUSINESS OPPORTUNITIES shall not be liable to Buyers or Sellers in connection with any such actions.

Buyers will defend any protests arising from their use of the CANNABIS BUSINESS OPPORTUNITIES Platform or Services.

The party who is in default (Buyer or Seller) shall be responsible for all costs associated with termination, disputes, and protests, including settlement costs.

In the event that any dispute or protest arises specifically stemming from Buyer or Suppliers adherence to the purchase contract, CANNABIS BUSINESS OPPORTUNITIES will adhere to the Federal Acquisition Regulations(FAR) for direction on providing a Contracting Officer Determination to all parties regarding any alleged breach of contract by either the Buyer or the Seller.

In the event that any dispute or protest arises specifically stemming from alleged e-Procurement platform errors, then upon Buyer written request a Buyer may seek from CANNABIS BUSINESS OPPORTUNITIES and CANNABIS BUSINESS OPPORTUNITIES shall make good faith efforts to produce to the Buyer any relevant requested information in CANNABIS BUSINESS OPPORTUNITIES's possession regarding the alleged Platform errors.

REPORTING

Procurement Data generated by the CANNABIS BUSINESS OPPORTUNITIES will be submitted upon request to regulators, educators or others needing general procurement statistics.

Fees-Our fee is 100% tax deductible. Remember to 1099 us at the end of the year! Fees are structured to reimburse Cannabis Business Opportunities for the costs it incurs in operating, supporting, maintaining, and enhancing the Company and Platform.

1.  Assisted Acquisition Services

                                      i.        Option .5%-15% of budget and/or award

                                     ii.        Option 2-Incorporate fee into budget

 2. CannaBiz! Direct Marketplace-Monthly, Quarterly and Yearly packages

3.  Consulting & Training-Hourly fees starting at $150.00-$300 hour + travel and per diem

 

Fees

Deposit for AAS (added to towards Purchasing Fee)

$150.00-$475.00

Cancellation after Purchase Request

Deposit

Termination of Contract

1% of award

Wire & Bank Fees

$75.00

Assisted Acquisition Services Fees

.5%-15%

Escrow Processing Services Only (Lawyer & Bank Account)

$2,200.00

Consultation

$150-$300 hour

CannaBiz Direct One Time Registration Fee

$75.00

CANNABIS BUSINESS OPPORTUNITIES will collect a Fee on all assisted acquisitions. When using our services, the Buyer shall ensure that the award amount of the contract/order placed by the Buyer shall be inclusive of Cannabis Business Opportunities fee. CANNABIS BUSINESS OPPORTUNITIES have the unilateral right to change the fee percentage or ceiling limit at any time, but not more than once per fiscal year. CANNABIS BUSINESS OPPORTUNITIES will provide reasonable notice prior to the effective date of any such change.

Vendor and Buyer shall remit the fee and any monies as it relates to the request to CANNABIS BUSINESS OPPORTUNITIES through one of our approved payment methods and acknowledges as a condition of doing business with CBO that in submitting a procurement request, providing a quote in response to a Solicitation, that party shall accept any and all additional terms and conditions that exist associated with the procurement, award or contract management of the business request at hand.

CONTRACTOR/SUPPLIER CODE OF BUSINESS ETHICS AND CONDUCT

Cannabis Business Opportunities contractors and suppliers must conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program and an internal control system that—

  1. Are suitable to the size of the company and extent of its involvement in CBO contracting;
  2. Facilitate timely discovery and disclosure of improper conduct in connection with CBO contracts; and
  3. Ensure corrective measures are promptly instituted and carried out.

A contractor may be terminated, suspended and/or debarred for knowing failure by a principal to timely disclose to CBO, in connection with the award, performance, or closeout of a CBO contract performed by the contractor or a subcontract awarded thereunder, credible evidence of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code or a violation of the civil False Claims Act. Knowing failure to timely disclose credible evidence of any of the above violations remains a cause for suspension and/or debarment until 3 years after final payment on a contract.

If the contractor becomes aware that CBO or the Buyer has overpaid on a contract financing or invoice payment, the contractor shall remit the overpayment amount to CBO. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose credible evidence of a significant overpayment, other than overpayments resulting from contract financing payments.

 

PRIVACY NOTICE

This privacy statement describes how Cannabis Business Opportunities and uses the personal information you provide on our Web site: It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

Collection and Use of Personal Information

We collect the following personal information from you:

  • Contact Information such as name, email address, mailing address, phone number
  • Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited.

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to:

  • Send you requested product or service information
  • Respond to customer service requests
  • Send you marketing communications
  • Improve our Web site and marketing efforts
  • Respond to your questions and concerns

CHOICE/OPT-OUT

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at info@cannabizopps.com.

DISCLOSURE TO THIRD PARTIES

We will share your information with third parties only in the ways that are described in this privacy statement.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may disclose your personal information

  • as required by law, such as to comply with a subpoena, or similar legal process
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  • if Cannabis Business Opportunities is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
  • to any other third party with your prior consent to do so.

TRACKING TECHNOLOGIES

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Website. For example, we will know how many users access specific areas or features within our site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.

SECURITY

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can contact us at info@cannabizopps.com.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at info@cannabizopps.comWe will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

NOTIFICATION OF PRIVACY STATEMENT CHANGES

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

FEEDBACK

You can contact us about this privacy statement by email us at the address below:

Cannabis Business Opportunities

Email: info@cannabizopps.com