1.Purpose and Relationship to Other Terms
These Marketplace Terms supplement the Terms of Service and govern buyer and supplier conduct in RFQs, quotes, communications, introductions, and transactions. If these Marketplace Terms conflict with the Terms of Service on a marketplace-specific issue, these Marketplace Terms control for that issue.
2.NEXTMRKT's Limited Role
NEXTMRKT operates technology and workflow tools. It does not buy, sell, manufacture, inspect, certify, transport, finance, insure, or take title to products or services and is not the agent, broker, fiduciary, or guarantor of any user. Buyers and suppliers independently decide whether and on what terms to transact.
3.Buyer Responsibilities
- Submit RFQs that are accurate, authorized, lawful, and sufficiently complete for suppliers to respond.
- Disclose material specifications, standards, quantities, timelines, locations, evaluation criteria, and known constraints.
- Use quotes and supplier information only for legitimate sourcing and evaluation.
- Conduct appropriate diligence regarding supplier identity, capability, licensing, insurance, compliance, quality, and financial suitability.
- Honor accepted commitments and pay suppliers according to the parties' direct agreement.
4.Supplier Responsibilities
- Submit quotes that are accurate, authorized, and based on a good-faith ability and intent to perform.
- Clearly state pricing, assumptions, exclusions, lead times, validity periods, delivery terms, and other material conditions.
- Maintain licenses, permits, insurance, quality systems, certifications, and regulatory compliance applicable to offered products or services.
- Protect buyer information and use it only for the applicable opportunity and permitted business relationship.
- Honor accepted commitments and remain responsible for quality, safety, conformity, delivery, warranties, taxes, and legal compliance.
5.RFQs, Quotes, and Commitments
An RFQ is a request for information or an offer from suppliers and is not, by itself, a binding purchase order. A quote is a supplier proposal and is not binding unless the parties' communications or separate agreement make it binding. Users are responsible for documenting acceptance, scope, price, delivery, warranties, change orders, and other transaction terms.
A buyer may decline a quote or ask the supplier to change it. A decline is final for that RFQ: the supplier cannot submit another quote on it. A request for changes invites a revised quote and does not oblige the supplier to revise it. Neither a decline nor a request for changes is a binding commitment by either party.
Users must promptly correct material errors and may not manipulate, fabricate, collude on, or misuse RFQs or quotes. NEXTMRKT may close, remove, limit, or investigate marketplace activity that appears fraudulent, misleading, unlawful, abusive, or inconsistent with these terms.
6.Diligence, Disputes, and Performance
Each user bears the risk of selecting and dealing with counterparties. NEXTMRKT may provide profile, verification, rating, or workflow information, including a buyer’s company profile shown to suppliers who can see one of that buyer’s RFQs, but that information is not an endorsement or warranty. A company profile is that company’s own description of itself.
“Verification,” “verified,” and similar terms refer to a limited, point-in-time review of certain information provided by or about a business as of the review date. For suppliers, that review uses public information and the information the supplier submits, and consists of: confirming that the business is registered with a state business registry and is not shown there as dissolved or inactive; confirming that the website is live and that the applicant’s work-email domain corresponds to it; looking for evidence that the business is operating, such as a consistent address, telephone number, and people associated with it; comparing the supplier’s stated role for each product line (manufacturer, distributor, or broker) with the available evidence; and, where a certification number is provided, checking it against a public registry where one exists. NEXTMRKT may also speak with a supplier before approving them, and does so where the evidence leaves a question open, but it does not do so on every account and does not represent that it has. For buyers, the review is limited to confirming that the buyer is an operating business, reviewing the sourcing need the buyer describes when requesting access, and looking for signs that the requester is a competitor or another marketplace rather than a buyer.
Verification is not ongoing monitoring, an endorsement, or a guarantee of any user’s identity, authority, capability, licensing, insurance, certification, compliance, solvency, or performance, and it is not a representation about any future transaction or outcome. Certifications, capabilities, capacities, and similar claims shown on a supplier profile are that supplier’s own statements about itself unless the profile says NEXTMRKT confirmed them. Checking a certification number against a public registry confirms only that the registry lists it; NEXTMRKT does not independently audit a supplier’s facilities, quality systems, or certificates.
Buyers and suppliers must resolve commercial disputes directly. NEXTMRKT may assist with records or communications at its discretion but has no duty to mediate, arbitrate, collect payment, provide refunds for third-party transactions, or enforce transaction agreements.
7.Confidentiality and Intellectual Property
Users should execute appropriate confidentiality and intellectual-property agreements before disclosing sensitive information. Neither an RFQ nor platform access transfers ownership of specifications, designs, samples, trademarks, inventions, or other intellectual property. Users may not copy, reverse engineer, commercialize, or disclose another user's protected material except as expressly authorized.
8.Non-Circumvention
A user may not deliberately move a relationship or opportunity introduced through NEXTMRKT outside the platform for the principal purpose of avoiding a NEXTMRKT fee that was clearly disclosed as applicable before the activity occurred. This provision does not apply to independently pre-existing relationships and does not create a transaction fee where none has been disclosed.
9.Off-Platform Solicitation of Published RFQs
When creating an RFQ, a buyer may consent to NEXTMRKT soliciting suppliers outside the platform on that RFQ. The consent is given per RFQ, is off unless the buyer turns it on, and can be withdrawn.
Whose communication this is. Where a buyer gives this consent, NEXTMRKT sends its own communications, on its own behalf, about a requirement on its marketplace. NEXTMRKT is not the buyer’s agent for these communications, does not send them in the buyer’s name, and does not identify the buyer in them. A recipient who replies is replying to NEXTMRKT, not to the buyer.
What is disclosed. The RFQ is shared in masked form. As the Services operate today, the masked form shows the RFQ title and description, quantity and unit, the need-by date, the destination state, the buyer’s industry, any structured template answers, and the number of quotes received; and it does not show the buyer’s company name, website or logo, the buyer’s city, any individual’s name, email address or telephone number, the buyer’s target price, attachments, or the quotes received and who sent them. The buyer is shown as an industry and state, for example “Packaging Buyer — Colorado,” until a supplier is admitted to the RFQ and quoting. The exact fields in each list are described in the Services at the moment consent is given, and that description governs what is shared then; this Section describes current behaviour and is not a perpetual guarantee that the field lists will not change. Where they change, the description shown at the point of consent will change with them.
Text the buyer writes is published as written. Masking removes structured identifying fields. It does not rewrite the buyer’s own words. Anything a buyer types into an RFQ title, description, or template answers is shared exactly as written, and a buyer who names their own company, website, or staff in that text will have that information disclosed. NEXTMRKT scans this text for apparent identifying information and warns the buyer before publication, but the warning is advisory: the buyer is responsible for what their own text says.
Where it is shared. Under this consent NEXTMRKT may contact companies that are not NEXTMRKT users, by email, by LinkedIn or comparable direct message, or by other direct outreach, and may publish the masked RFQ at a link that anyone holding the link can open without signing in. The page is not listed for search engines, but a link is a link: anyone the link reaches can open it and can pass it on.
Withdrawal, and its limits. A buyer may withdraw the consent at any time by unpublishing the RFQ. Unpublishing takes the page down promptly and stops further outreach. It cannot recall a message already sent, retrieve a link already forwarded, or undo a page already read, copied, or captured by someone who saw it while it was published. A buyer should treat anything published under this consent as permanently disclosed to whoever saw it.
What NEXTMRKT keeps. After an RFQ is unpublished, NEXTMRKT retains the RFQ itself as a marketplace record under Section 10. NEXTMRKT also keeps a record of each outreach message sent under this consent — the recipient address, the channel, the RFQ, the date, and who sent it — for the same reasons and periods described for marketplace and audit records in the Privacy Policy. That record is how NEXTMRKT can honour a request from a recipient not to be contacted again, and it is retained even where other information is erased.
Recipients. Every outreach email sent under this consent identifies NEXTMRKT as the sender, says why the recipient received it, gives NEXTMRKT’s postal address, and carries a working link to stop receiving them. A recipient who uses that link, or who asks by any other means, is not contacted again about any RFQ.
10.Cancellations and Marketplace Records
If a buyer company’s account is closed, its open RFQs close. An RFQ that has received quotes closes to a visible closed state recording that the buyer’s account closed, and every supplier who submitted a quote on it is notified that the requirement is no longer active and that their quote was not rejected. Those quotes are marked expired at the same time, so that no supplier is left holding a quote that reads as awaiting a decision. An RFQ that received no quotes closes without notice. Draft RFQs, and RFQs already in a final state, are left as they are. The notice sent to suppliers does not name the buyer; masking does not relax because a buyer has left.
If a supplier company’s account is closed, every quote it has outstanding with a buyer is withdrawn, and the buyer is notified once for each requirement affected so that no buyer is left evaluating an offer the supplier can no longer stand behind. A quote is outstanding if it has been submitted, or awarded but not yet accepted. A quote the buyer has already accepted is not withdrawn: that is an agreement between the two businesses, and NEXTMRKT does not undo it because one of them has left the marketplace. Quotes already in a final state are not altered. The notice names the supplier, which the buyer already knows from the quote, and does not give the reason the account closed.
A closed RFQ and the quotes submitted against it remain visible to the suppliers who submitted those quotes, indefinitely. A supplier who invested work in a quote keeps the record of it.
An account closure can be reversed for 90 days. Reversal restores the company account but does not reopen the RFQs that closing it closed: suppliers were told those requirements had ended, and reopening them silently would make that message untrue. The buyer may publish the requirement again as a new RFQ.
Deactivation of an individual user does not cancel the company account or automatically terminate company RFQs, quotes, or records. Submitted and completed marketplace records may be retained to preserve audit history, support counterparties, prevent fraud, resolve disputes, and satisfy legal or business obligations. Retention periods and what an erasure request does and does not reach are described in the Privacy Policy.
11.Prohibited Marketplace Conduct
- False identities, sham opportunities, fake quotes, bid manipulation, collusion, kickbacks, bribery, or undisclosed conflicts of interest.
- Offers involving illegal, stolen, counterfeit, sanctioned, embargoed, export-controlled, unsafe, or unlawfully discriminatory goods or services.
- Harassment, threats, deceptive pressure, misuse of confidential information, or retaliation against another user.
- Using contact or marketplace data for unrelated mass marketing, scraping, resale, or unauthorized enrichment.
The Acceptable Use Policy sets out further prohibited conduct across the Services.
12.Enforcement
NEXTMRKT may request information, limit visibility, remove content, close RFQs, withdraw quotes, suspend accounts, notify affected users, preserve evidence, or report conduct to authorities when reasonably necessary to enforce these terms or protect the marketplace. Enforcement decisions do not make NEXTMRKT responsible for detecting every violation.
13.Contact
Report marketplace concerns to customercare@nextmrkt.com. Include the applicable company, RFQ or quote, relevant dates, and supporting information.