BCI Central Subscription Quotation 2024
BCI Central Subscription Quotation 2024
This is a "Quotation" for the purposes of the Master Services Agreement that has been separately or previously provided to you by
BCI Media Group Pty Limited (ABN 23 098 928 959) (trading as BCI Central) (Master Services Agreement). If this is the first “BCI
Quote” for the purposes of that Master Services Agreement, then execution of this Quotation is also execution of that Master
Services Agreement. If you have previously entered that Master Services Agreement, then once executed this Quotation will be a
"BCI Quote" for the purposes of that existing Master Services Agreement.
Quotation created for: Anthony Webber (*Subscription commences upon acceptance of quotation terms, receipt of payment, and
Please assist us by confirming with a tick or updating your details for tax invoicing purposes
Registered Name (required): Lake & Land
Registered Address (required): PO Box 5 Barwon Heads VIC 3227
ABN/Company ID:
Customer Purchase order # (if required as a reference on the invoice):
Payment can be made by EFT or Credit Card Payment is required prior to the Total minimum cost = $8,213.69 + $821.37 (GST) = $9,035.06
commencement of the Subscription to the Service
Monthly payment only available by direct debit. Please ensure you complete the
secure payment signup link. Initial subscription fees are payable prior to
commencement of the subscription to the service
I agree to subscribe to BCI Media Group’s Services as per the above and below details, and:
if I have not previously entered a Master Services Agreement with BCI Central, I acknowledge that I have been provided
with, read, understand and agree to be bound by the Master Services Agreement; or
if I have previously entered a Master Services Agreement with BCI Central, I acknowledge that existing Master Services
Agreement will apply to this "BCI Quote".
I have confirmed that the company details listed above are correct for tax invoicing purposes, and acknowledge that changes
or corrections to these details after invoicing will require supporting evidence.
Name:[[SIGNER_NAME]] Title:[[SIGNER_TITLE]]
Signed:[[SIGNER_SIGNATURE]] Date:[[SIGNED_DATE]]
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
To enable payment, your BCI Central representative will provide a payment registration link. If you have any questions about
payment methods, please do not hesitate to contact your BCI Central representative.
Notes
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
Commercial
Industrial
Stages:
Regions:
Queensland
South Australia
Forecaster - SA Quantity:1
Pipeline - SA Quantity:1
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
Between
BCI Media Group Pty Limited (ABN 23 098 928 959) (trading as BCI Central) (we, us or our)
and
This is a master services agreement under which we allow you to access and use our products and services (Services) to which
you have subscribed (Subscription) or which you have purchased as a one-off (One-off Service). This Agreement sets out your
legal rights and obligations with regards to your use of our Services. By accessing or using our Services, you agree that you have
read, understood and agree to be bound by these terms.
1.2 If there is any inconsistency between any of the terms in those documents listed in clause 1.1, the terms in the document listed
first will govern to the extent of the inconsistency.
2. Engagement
2.1 If you wish to subscribe to any of our Services, you may ask us to prepare a quotation for the supply of those Services (a
Quotation).
2.2 If you wish to accept a Quotation, both parties will execute it and, once executed, it will be a BCI Quote.
2.3 If a BCI Quote is the first BCI Quote between us, then execution of the BCI Quote will also constitute execution of the
Agreement Terms and the Schedules. Any subsequent BCI Quotes will then form a part of the existing Agreement between you and
us.
2.4 The Services provided to you under this Agreement will be detailed in the applicable BCI Quote. We are not required to provide
any Services to you and this Agreement will not take effect unless and until a BCI Quote is executed by both parties for those
Services.
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
The Schedules set out further terms that apply to certain Services, and those Schedules will apply accordingly.
4. Delivery of Services
(a) start on the date specified in the applicable BCI Quote (or if no start date is specified, then within one business day after
the first Subscription Fees for the Services are paid to us as described in clause 5); and
(b) continue for the period specified in the BCI Quote (the Fixed Period). If the Subscription Fees are paid monthly by
direct debit (as described in clause 5), the Subscription will continue after the Fixed Period until such time as either party
terminates the Subscription by providing at least 3 months prior written notice,
4.2 If a Subscription Period is for a Fixed Period of more than one year, you may terminate the Subscription at the end of the first
year of the multiple year Fixed Period by giving at least three months prior written notice to us, in which case you must pay a
termination fee for each of the cancelled years of the Fixed Period, being an amount equal to 30% of the annual Subscription Fees
for each terminated year. For example, if your Fixed Period is three years, and you terminate at the start of the second year, you will
be liable to pay a termination fee of 30% of the year 2 Subscription Fees and 30% of the year 3 Subscription Fees. To avoid doubt,
you may not terminate your Subscription under this clause 4.2 where the Fixed Period is for one year.
4.3 We will commence delivery of One-off Services on the date specified in the applicable BCI Quote (or if no date is specified in
the BCI Quote, then within one business day after the One-off Service Fees for the Services are paid to us as described in clause 5),
and will continue until the One-off Services are completed.
5. Fees
5.1 The fees payable by you for a Subscription will be as set out in the applicable BCI Quote (Subscription Fees). Subscription
Fees may be payable on an annual or monthly basis in accordance with the BCI Quote. The initial Subscription Fees are payable
prior to the commencement of your Subscription to the Services. All subsequent Subscription Fees are payable in accordance with
the BCI Quote. Upon receipt of the initial Subscription Fees, we will commence delivering the Services as described in the BCI
Quote.
5.2 Subscription Fees that are payable on a monthly basis must be paid using direct debit, under the applicable Australian or New
Zealand Direct Debit Request Service Agreement set out in Schedule 4. If you cancel your Direct Debit Request Service Agreement,
or we fail to receive payment by direct debit more than 7 days after a fee is due to be debited, you must promptly provide us with a
replacement Direct Debit Request Service Agreement that has been completed and signed by you.
5.3 Where Subscription Fees are paid monthly by direct debit, we may vary the Subscription Fees at any time by providing at least
4 months prior notice, provided that no such variation will be effective during the Fixed Period.
5.4 Fees for One-off Services (One-off Service Fees) will be set out in the applicable BCI Quote, and unless otherwise stated are
payable prior to the provision of the Services. Upon receipt of the One-off Service Fees, we will provide the Services as described in
the BCI Quote.
6.1 If our Services are provided online, you will be sent an email containing your login details and confidential password (User
Details). Such User Details are required to access and use online Services and are to be used only as directed by us. You must not
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
use or attempt to use your User Details to access our systems or databases other than in accordance with any relevant
documentation we provide to you.
6.2 We may collect and disclose information to you as part of the Services, including data, text, software, music, sound,
photographs, video, graphics or other material contained in any form, including advertisements or commercially produced
information presented to you through the Services by us, or our advertisers or other third-party content providers, (together,
Services Content). You acknowledge that we may collect Services Content from publicly available sources such as company
websites, newspapers, government publications, documents submitted to councils, state or federal departments for planning or
construction approval or rezoning, ASIC searches, ABN or NZ Companies register searches, online directories, official licensing and
registration databases, which may also be supplemented by direct inquiries, and that we may not seek permission to collect this
information.
6.3 You agree that if, in the course of your use of Services Content, you become aware of any issue relating to Services Content
that may indicate that an individual objects to the inclusion of their “Personal Information” (as defined in the Privacy Act 1988 (Cth)
or NZ Privacy Act 1993/2020, as applicable) as part of the Services Content, you must notify us as soon as reasonably practicable.
7. Your obligations
7.1 You represent and warrant that all information about you provided to us is true, accurate and complete, and undertake to notify
us of any change in that information.
7.2 You agree to comply with all applicable laws, rules and regulations, including in relation to privacy, in connection with your use
of the Services.
7.3 You must not use, and you must not permit any third party to use, any mechanism, device, software, script or routine to affect
the proper functioning of the Services (including any third party software used in connection with the Services) or our website used
to access the Services (the Website), including:
(a) without limiting clause 7.5, taking any action that places an unreasonable burden or excessive load on our system(s);
(b) infecting the Services and/or the Website with any computer programming routine (e.g. any virus, worm, timebomb,
cancelbot or trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or Personal
Information; or
(c) acting in any way that degrades the operational performance of the Services and/or the Website.
7.4 You must take all necessary precautions to keep your User Details and account confidential at all times, and at any given time
there shall be only one concurrent login per user account. You are responsible for all uses of your User Details and account whether
or not actually or expressly authorised by you (and all instructions issued through your account used in conjunction with your User
Details shall be deemed conclusively to have originated from you and we shall have no obligation to make any further inquiries). If
you believe that your account and/or User Details have been misused or compromised in any manner, you must notify us
immediately.
7.5 You must comply with our policy in relation to fair usage of the Services, as set out in Schedule 3 or varied by us from time to
time on at least 30 days notice (Fair Usage Policy). If any variation to the Fair Usage Policy notified by us during a Subscription
Period is materially detrimental to you, you may terminate any or all of your Subscriptions then in effect by notifying us accordingly at
any time before the variations take effect, in which case those Subscriptions will terminate on the date the variations to the Fair
Usage Policy were to have taken effect and we will refund you any pre-paid Subscription Fees for the period after termination.
8. Proprietary Rights
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
8.1 You acknowledge that Services Content may be protected by copyright, trademarks, service marks, trade secrets, patents,
database rights, moral rights, publicity rights, confidentiality or other intellectual property rights, proprietary rights and laws. You
acknowledge that you may use the Services and Services Content for your own internal business purposes only. You may not further
copy, modify, edit, reproduce, create derivative works or materials, republish, upload, post, transmit, or distribute in any way any
Services Content for any party not directly associated with you. Systematic retrieval of Services Content to create or compile, directly
or indirectly, a collection, compilation, database or directory is prohibited.
8.2 If we elect to add branding or watermarks to any Services Content, you must not remove, alter, or modify such branding or
watermarks.
8.3 Where you provide us with information, including data, text, software, music, sound, photographs, video, graphics or other
material in connection with your use of the Services ( Your Materials ), you retain ownership of Your Materials but grant us a
worldwide, non-exclusive licence (including a right of sublicence) to use, copy and modify Your Materials in connection with our
provision of the Services. We may also use Your Materials (even after expiry or termination of this agreement) in an aggregated, de
identified form for our own business purposes, including service improvement and industry monitoring or reporting.
9.1 You acknowledge that any tender documents, extracts from tender documents and other information including drawings
provided to you as part of the Services Content ( Tender Documents ) are protected by copyright. You are not permitted to
reproduce Tender Documents other than for the purpose of the submission of a quotation, tender or proposal in accordance with
those Tender Documents.
9.2 You indemnify and hold us harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs
on a full indemnity basis), demands, liabilities, losses and damages (whether in tort (including negligence), contract or otherwise)
whatsoever which we may sustain, incur, suffer or pay arising out of or in connection with any claims by any person with respect to
any Tender Documents supplied to you by us or accessed through your use of the Services, where you have accessed, used, copied
or modified those Tender Documents in a manner that is not expressly permitted by this Agreement.
10. Confidentiality
10.1 Definition. In this clause 10, Confidential Information means any information of whatever kind disclosed or revealed by one
party (the Disclosing Party) to the other party (the Receiving Party) under or in relation to this Agreement that:
including in our case any Services Content, Tender Documents and the terms of this Agreement, but does not include
information that:
(d) is published or has otherwise entered the public domain without a breach of this Agreement;
(e) is obtained from a third party who has no obligation of confidentiality to the Disclosing Party; or
10.2 The Receiving Party may only use the Confidential Information of the Disclosing Party for the purposes of performing its
obligations or exercising its rights under this Agreement, and subject to the following must keep the Disclosing Party’s Confidential
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
Information confidential.
10.3 The Receiving Party may disclose the Confidential Information of the Disclosing Party:
(a) to those of its officers, employees, agents, contractors and subcontractors who need to know such Confidential
Information and provided such disclosure is consistent with any restrictions stated elsewhere in this Agreement. The
Receiving Party ensures that any such recipients keep such Confidential Information confidential in accordance with this
clause 10;
11. Warranties
11.1 We warrant and represent that we will provide the Services with all due care and skill, and the Services will perform
substantially in accordance with all documentation relating to the Services as provided to you by us
11.2 Except as set out in clause 11.1, and subject to clause 11.5, you understand and agree that all the Services are provided on
an as is and as available basis. We assume no responsibility for the timeliness, deletion, mis-delivery of or failure to store any of
your communications or settings.
11.3 Except as set out in clause 11.1, and subject to clause 11.5, we, our subsidiaries, associates, related corporations, business
partners, affiliates and employees:
(a) make no representations or warranties of any kind, either express or implied, about the Services, including in respect of
any results obtained by you or any other person or entity from the use of the data, information or opinions provided through
the Services, warranties as to title, suitability, satisfactory or merchantability quality or warranties for fitness for a particular
purpose or use in respect of any of the materials and/or information made available through the Services; and
(b) make no representation, endorsement or warranty of any kind whatsoever about the Services Content, including
advertisements supplied by the respective advertisers and their creditworthiness.
11.4 Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or
condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. If any guarantee, warranty, term or
condition is implied or imposed in relation to this Agreement under the Australian Consumer Law, NZ Consumer Guarantees Act
1993 ( CGA ), or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and we are able to limit
your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to
one or more of the following at our option:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the
payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods
repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied
again.
11.5 To the maximum extent permitted by law and solely to the extent it is fair and reasonable to do so, to the extent that you are
acquiring the Services for business purposes, you represent and warrant the same, and accordingly, subject to clause 11.7:
(a) the CGA does not apply to the supply of the Services; and
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
(b) sections 9, 12A, 13 and 14(1) of the NZ Fair Trading Act 1986 (FTA) are excluded and our liability under the FTA is
accordingly limited.
11.6 To the extent the CGA and/or the FTA applies, and you are not acquiring the Services for business purposes, nothing in these
terms limits your rights under the CGA and/or the FTA.
12.1 Our indemnity. We indemnify and hold you harmless at all times against all actions, proceedings, costs, claims, expenses
(including legal costs on a full indemnity basis), demands, liabilities, losses and damages (whether in tort (including negligence),
contract or otherwise) whatsoever which you may sustain, incur, suffer or pay arising out of or in connection with:
(a) subject to clauses 12.2 and 12.3, any claims that you have infringed or are infringing or violating any third party rights,
including intellectual property rights, and such infringement arises as a direct result of your rightful use of the Services; or
(b) any illegal, fraudulent or malicious act or omission by us or our employees, contractors or agents, except to the extent
that the action or claim solely relates to, or arises as a result of, your negligent act or omission.
(b) give us the option to conduct the defence of the claim, including negotiations for settlement or compromise before the
institution of legal proceedings;
(c) provide us with reasonable assistance in conducting the defence of the claim;
(d) permit us to modify, alter or substitute the Services at our own expense, to render them non-infringing; and
(e) authorise us to procure for you the authority to continue to use the Services.
12.3 We will not be liable to you under clause 12.1(a) to the extent that the infringement arises from:
12.4 Your indemnity. You indemnify and hold us harmless at all times against all actions, proceedings, costs, claims, expenses
(including legal costs on a full indemnity basis), demands, liabilities, losses and damages (whether in tort (including negligence),
contract or otherwise) whatsoever which we may sustain, incur, suffer or pay arising out of or in connection with:
(b) any claims that we have infringed or are infringing or violating any third party rights, including intellectual property rights,
and such infringement arises as a direct result of Your Materials or our use of them; or
(c) any illegal, fraudulent, malicious, wilfully wrong or negligent act or omission by you or your employees, contractors or
agents,
except to the extent that the action or claim solely relates to, or arises as a result of, our negligent act or omission.
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
(a) Despite any other provision of this Agreement, but solely to the extent permitted by law, our aggregate liability, whether
in contract (including under an indemnity), tort (including negligence) or otherwise, for all causes of action arising out of or
related to this Agreement in any calendar year, is limited to the fees paid or payable by you under this Agreement in respect
of the relevant calendar year.
12.6 Exclusion of liability. Despite any other provision of this Agreement, to the maximum extent permitted by law we are not
liable, whether in contract (including under an indemnity), tort (including negligence) or otherwise, for any Consequential Loss arising
out of or related to this Agreement.
(a) any and all loss of profit, loss of revenue, loss of goodwill and loss of savings; and
(b) any and all indirect, consequential, special, exemplary or punitive liabilities, losses, damages, costs or expenses.
13. Links
To the extent that the Services contain links to third party services and resources, any concerns regarding such services and
resources should be addressed to that particular third party. You acknowledge and agree that we do not warrant the quality,
truthfulness, accuracy or completeness of the information or content included on the websites of third parties nor shall we be liable
or responsible, whether directly or indirectly for any damage or loss caused by or in connection with the use, misuse or reliance on
such information or content.
14. Termination
14.1 Either party may terminate this Agreement with immediate effect if:
(a) the other party breaches this Agreement and that breach is not capable of remedy, or the other party fails to remedy
that breach within 14 days of receiving notice of the breach;
(b) an order is made or an effective resolution is passed for winding up or dissolution without winding up (other than for the
purposes of solvent reconstruction or amalgamation) of the other party;
(c) a controller, receiver, receiver and manager, official manager, administrator, provisional liquidator, liquidator, or like
official is appointed over the whole or substantial part of the undertaking and property of the other party;
(d) a holder of an encumbrance takes possession of the whole or any substantial part of the undertaking and property of
the other party;
(e) the other party is unable to pay its debts as they fall due;
(f) the other party becomes insolvent or is deemed to become insolvent under any applicable law; or
14.2 In addition, we may terminate this Agreement with immediate effect if we determine, acting reasonably, that:
(a) you have provided us with false or misleading information in connection with this Agreement in a manner that is
materially prejudicial to us;
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
(b) you have interfered with other users or the administration of any of our services;
(c) you have done anything that materially damages, or is likely to materially damage, our reputation or brand;
(d) you regularly or habitually commit breaches of this Agreement, or commit a number of breaches which collectively
constitute a material breach, whether or not they are remedied; or
14.3 Where we terminate the Agreement in accordance with clause 14.1 or 14.2, except to the extent required by law, you will not
be entitled to a refund of any fees you have already paid.
14.4 Where you fail to make any payment due in relation to any Services or we have a right to terminate this Agreement in
accordance with clause 14.1 or 14.2, we may, at our discretion, choose to suspend our provision of any or all Services, and will
reinstate provision of the suspended Services upon you remedying the matter giving rise to the right of termination. Where we have
a right of termination under clause 14.1 or 14.2 of this Agreement, we may at any time during such suspension, elect to convert that
suspension into a termination by notifying you accordingly.
14.5 If there are no One-off Services or Subscriptions in effect under this Agreement for a continuous period of three months, this
Agreement will automatically terminate.
(a) any User Details for the Services will no longer be valid;
(b) you must immediately cease all use of the Services; and
(c) you must return to us any information, including Services Content, provided by us to you in relation to the Services.
14.7 At the end of any Subscription Period, clause 14.6 will apply to the Services the subject of the Subscription.
14.8 Clauses 8.3, 9 , 10 and 12 survive termination or expiry of this Agreement together with any term which by its nature is
intended to do so.
15. Notices
15.1 A notice, consent or other communication under this Agreement is only effective if it is in writing, signed and either left at the
addressee's address or sent to the addressee by mail, fax or email. It is regarded as received on the day it is actually received, but if
it is received on a day that is not a business day or after 5.00 pm on a business day it is regarded as received at 9.00 am on the
following business day.
15.2 For the purposes of this clause 15, a party’s address is set out in the BCI Quote, unless the party has notified a changed
address in which case the notice must be to that address.
16.1 As this is a master services agreement, we may need to vary this Agreement from time to time to reflect changes to our
products and services, changes to the law, changes required by our third party suppliers, or other changes to our business or the
terms on which provide our products and services.
16.2 Accordingly, we may vary this Agreement at any time by giving you notice of such variation. However except where the
variation is required to reflect any changes to the law, or changes required by our third party suppliers, no such changes will apply to
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
any:
(a) Subscription in effect at the time of our notice that has a fixed term; or
(b) Subscription in effect at the time of our notice that has no fixed term, until the start of the fourth month to commence
after the date of our notice (for example, a variation notified on 15 July will take effect on 1 November).
17. General
17.1 This Agreement creates no agency, partnership, joint venture or employment and neither you nor your agents have any
authority to bind us in any respect whatsoever.
17.2 This Agreement is governed by the law of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction
of the courts of New South Wales, Australia and any court that may hear appeals from those courts.
17.3 Nothing in this Agreement limits any liability you or we may have in connection with any representations or other
communications (either oral or written) made prior to or during the term of this Agreement, where such liability cannot be lawfully
excluded.
17.4 Subject to clause 17.3, this Agreement constitutes the entire agreement between the parties and supersedes all previous
understandings or agreements, written or oral, in connection with their subject matter.
17.5 If any provision of this Agreement is deemed or held to be unlawful, void or for any reason unenforceable, then that provision
will be deemed severable from this Agreement without affecting the enforceability of the remaining provisions used in this
Agreement.
17.6 Headings are used in this Agreement for convenience only and are not to be relied upon.
17.7 A delay by a party in exercising a right will not amount to a waiver of that right.
17.8 A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
17.9 This Agreement may only be varied or replaced by a document executed by the parties.
17.10 You may not assign your rights under this Agreement to any person without our prior written consent, which we will not
unreasonably withhold.
17.11 Each party must promptly do whatever any other party reasonably requires of it to give effect to this Agreement and to
perform its obligations under it.
17.12 Except as expressly stated otherwise in this Agreement, the rights of a party under this Agreement are cumulative and are in
addition to any other rights of that party.
(a) words in the singular include the plural and vice versa;
(c) if a word or phrase is defined its other grammatical forms have corresponding meanings;
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
(e) no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or
would otherwise benefit from it; and
(i) a monetary amount means either AUD or NZD as stated in the BCI Quote;
(ii) a person includes a partnership, joint venture, unincorporated association, corporation and a government or
statutory body or authority;
(iii) a person includes the person's legal personal representatives, successors, assigns and persons substituted by
novation;
(iv) any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation
as modified or replaced; and
(v) an obligation includes a warranty or representation and a reference to a failure to comply with an obligation
includes a breach of warranty or representation.
The terms set out in this Schedule 1 apply where we provide you with Services involving the use of an application programming
interface provided by us ( BCI API ).
1.1 The BCI API is a web service that delivers proprietary project and contact information in an automated and regular manner.
You can integrate this information into your systems.
1.2 The BCI API comprises the web services layer, usage documentation and files delivered as a result of use of the Services.
1.3 The scope of information provided by the BCI API will be as set out in the BCI Quote.
1.4 The features of the BCI API will depend on your Subscription or One-off Service, and may include:
(b) a library of commands designed to allow you to automatically draw project lead information from the LeadManager
servers and display it in your systems;
(c) automatic delivery from the BCI Research database in an automated, regular feed; and
(d) reporting and tracking leads, reviewing sales activity and pipeline reporting within your in-house systems.
2. Additional obligations
(e) only access (or attempt to access) the BCI API and the Services by means authorised by us. You must not
misrepresent or mask or attempt to misrepresent or mask your identity when using the BCI API;
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
(f) not circumvent or attempt to circumvent any reasonable limits we impose on your use of the BCI API (for example, by
limiting the number of requests that you may make), without our prior consent;
(g) not do anything that would disrupt or degrade the performance of the BCI API;
(h) provide us with regular feedback on BCI API performance when reasonably requested by us. In particular, you agree to
provide regular feedback on any BCI API issues or problems you encounter to our project team within 24 hours of
encountering them; and
(i) implement within a reasonable timeframe any client-side changes required as a result of modifications and
improvements we make to the BCI API.
2.2 Unless otherwise agreed with us in writing, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the
BCI API. You may not permit third parties, including freelance contractors, CRM system or software vendors or your contractors, to
use the BCI API to access the Services without our prior written consent (and we may require that those persons enter into a non-
disclosure agreement with us, as a condition of granting such consent).
2.3 You may not use the BCI API to do anything to replicate or compete with any BCI product.
2.4 Except as expressly set out in clause 11.1 of the Agreement Terms, and subject to clause 11.5 of the Agreement Terms, you
understand and agree that the BCI API is provided on an as is and as available basis. We will endeavour to provide the BCI API at a
high-quality level. However, you understand and agree that the functionality, including certain methods, events and properties, of the
BCI API may change at any time.
2.5 If you procure the services of a third party (including a CRM system or software vendor, system integrator or your contractor)
(Third Party Integrator) to facilitate your use of the BCI API, including to integrate the BCI API with your systems or any third party
system or solution of yours, then you must ensure the Third Party Integrator’s compliance with clauses 2.1, 2.2 and 2.3 of this
Schedule 1 and (to the extent it may be applicable or relevant to the Third Party Integrator) clauses 7.4 and 7.5 of the Agreement
Terms. You are responsible for the performance and observance of these obligations by the Third-Party Integrator, and are liable for
any breach by them by the Third Party Integrator to the same extent as if you committed such breach.
Please complete the following information regarding your company and server(s) which will be accessing the BCI API. Note: This
may include IP addresses of both a development and a production server to facilitate the implementation process.
Address: ______________________________________________
Address2: _____________________________________________
Phone #: ______________________________
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BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
Phone #: ______________________________
While every rollout of BCI API is different, the broad stages of project rollout can be defined as follows:
1. BCI Quote accepted and executed with attached Master Services Agreement
We will provide up to four hours of technical support free of charge to assist you to adequately set up the BCI API. We will notify you
if the four free of charge hours of technical support have been exceeded before continuing. Any additional technical support will be
charged on an hourly basis at a rate of $440.00 per hour or part thereof. An itemised bill will be sent at the end of each month, and is
payable within 30 days of its receipt. In relation to charges incurred, you may request a progress report at any time.
Schedule 2 ANALYTIX
The terms set out in this Schedule 2 apply where we provide you with any Services consisting of our Analytix product.
We may use software provided by Tableau International U.C. to provide the Analytix product. Tableau has no warranty, support or
other obligation or liability to you.
1. Fair Use
(a) use the Services for the benefit of another person, or allow another person to use the Services, without our prior written
consent;
(b) use the Services in a manner that was not intended by us (as communicated to you or ascertainable from our published
marketing material or website), including using web crawlers for any purpose;
(c) use the Services (or the information obtained from them) for spamming, bulk emailing or bulk mailing or for sending any
other form of unwanted communication; or
Q1177611 15 / 16
BCI Media Group Pty Ltd (trading as BCI Central)
ABN: 23 098 928 959
Suite 202, Level 2
754 Pacific Highway
Chatswood NSW 2067
T: (02) 9432 4100
W: [Link]
(d) use the Services in any way which we, acting reasonably, consider is or may be fraudulent.
1.2 We have established and maintain respectful and trusting relationships with construction industry professionals (Research
Partners). Unreasonable use of the Services includes:
(a) contacting any Research Partner and implying or stating that you are a representative or agent of ours;
(c) failing to inform us if a Research Partner you have contacted informs you that it does not want to be contacted or listed
in our products, or not adhering to such request not to be contacted or listed; or
(d) contacting Research Partners without a reasonable likelihood that your product or service is relevant for the Research
Partner considering their role, or the scope or development stage of the respective project.
1.3 In addition, the following general prohibitions apply to your use of the Services:
(a) using or trying to use the Services to gain improper access to another person's private or personal information;
(b) using or trying to use the Services to distribute or make available indecent, obscene, offensive, pornographic or illegal
material;
(c) using or trying to use the Services to defame, harass or abuse anyone or violate their privacy;
(d) contravening any applicable laws when you use the Services;
(e) infringing any person's intellectual property rights when using the Services;
(f) using or trying to use the Services to obtain or attempt to obtain unauthorised access to any computer, system or
network;
(g) using the Services in a manner designed to compromise the security or interfere with the operation of the Services or
any other computer, system or network; or
2.1 If you Subscribe to any API Services, you may not exceed the levels of access frequency detailed by the purchased level of
service.
3. Our rights
3.1 Where you are in breach of this Fair Usage Policy, we may contact you to require you to modify your use of the Services so
that it conforms with this Fair Usage Policy, or exercise any of our other rights in relation to the Services include any suspension or
termination rights.
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