TERMS & CONDITIONS

'BSD' means Business Services Direct Pty Ltd.
'Web page' means the electronic page of information published on the Internet.
'Watch List' means the accessible web pages required to be monitored by BSD, the frequency of monitoring and the email addresses that will receive updates.
'Service' means monitoring of the web pages specified by the client and sending any changed web pages to the client’s email (otherwise known as websiteWatch).
'Service Fee' means the monthly fees payable monthly in advance at rates advised by BSD from time to time.
'Initial Fee' means the fee(s) to perform an initial setup procedure and quote for each user's Watchlist.
'Setup Fees' means the fees to set up and configure the client’s webpage monitoring requirements.
'Updates' means the changed webpages that are sent to the client’s email address.

1.      The Initial Fee(s) shall be paid to BSD upon request for a quotation to supply the service. Upon acceptance of our quote, it will be deducted from the Setup Fee(s). Payment of this Initial Fee indicates your acceptance of these Terms & Conditions. It is non-refundable.

1.      The Setup Fees shall be paid to BSD before the commencement of the service.

2.      The client agrees to pay the monthly Service Fee by a Direct Debit arrangement from the appropriate client’s bank account or credit card.

3.      The Setup Fees quoted in this agreement are valid for 30 days. The client shall pay to BSD any additional fees caused by the clients' delay in providing Watch List details to BSD.

4.      The client shall provide Watch List details to BSD promptly. If the client does not provide requested Watch List details within 30 days of this agreement then all Setup Fees paid by the client shall be forfeited to BSD and the agreement will then become null and void.  

5.      The client shall pay to BSD any additional fees reasonably required for any and all extra work requested by the client or caused by the client's alterations and for any changes to the client’s Watch List.

6.      BSD shall provide the Service provided that it shall not be obliged to do so if the client defaults in payment or in supply of Watch List details reasonably requested or required to be supplied to BSD or until such default is remedied to the satisfaction of BSD.

7.      This Agreement automatically renews at the end of each month and is for a minimum period of 6 months from the date of commencement of the service.

8.      Subject to clause 7, the client may cancel this agreement at any time on one month’s written notice.

9.      BSD does not retain copies of updates and will delete changed Watch List web page records from BSDs internal systems once updates are sent to client.

10.   If the Service contains any irregularity, error, alteration, omission or is delayed, BSD shall incur no liability for loss or damage whatsoever to the client BSD's liability shall be limited to making good the Service or at BSD's absolute discretion, cancelling this agreement and refunding the Service fee in respect of which the breach occurred.

11.   The client is required to notify BSD of any Service irregularity immediately it appears.

12.   The client is required to provide suitable computer hardware and functioning email client software for receipt of updates in HTML format.

13.   BSD does not warrant to be able to supply the Services and is not liable for any failure to provide all or part of any of the Services for any reason whatsoever including disruption to internet services, connections, websites or web pages and computer hardware or software malfunction or human error. If any Service failure, delay or disruption occurs, BSD will endeavour to reinstate the Services promptly.

14.   The client agrees that BSD will not be held liable for any direct indirect consequential or economic losses or damages including without limitation loss of income or profit or loss of actual potential business opportunities. This agreement excludes all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by the client, arising out of or relating to the Service, any failure to supply or delay or disruption in supplying the Service or out of or relating to this agreement.

15.   The client agrees that BSDs liability for any breach of any implied provision of this agreement is limited, at BSDs option, to refunding the Service fee in respect of which the breach occurred.

16.   The client acknowledges that any act or thing required to be done or omitted by BSD at the request or direction of the client will not be false or misleading or breach the Trade Practices Act 1974 or breach copyright or infringe trademark or infringe any agreement or infringe privacy or defame or in any way whatsoever render BSD liable or expose BSD to prosecution or other action under any federal, state or territory legislation or at common law and to indemnify and agree to keep indemnified and hold BSD harmless against all actions, claims, fines, penalties, damages, loss, demands, suits, liabilities, costs or expenses of any nature howsoever caused whether by accessing the Watch List web pages or negligence or otherwise from the use or transmission of the updates. This Warranty and Indemnity is deemed to be included in each Watch List web page item and updates.