Order Form - In this Information Services Supply Agreement Order Form (“Order Form”):
(a) “Customer” means the Customer named above.
(b) “Data Provider” means any entity, government department, agency or other organisation with which LexisNexis, the Search Provider or any of their respective related entities has or obtains an agreement from time to time for the provision of searches, records or other information.
(c) “Fee” means the fee payable by the Customer to LexisNexis pursuant to this Agreement, including but not limited to, access and usage fees for the Service, which may be amended from time to time by notice from LexisNexis to the Customer.
(d) “General Terms and Conditions” means LexisNexis’ General Terms and Conditions located at http://www.lexisnexis.com.au/pdf/terms-of-trade.pdf as amended from time to time.
(e) “Search Provider” means InfoTrack Pty Limited ACN 092 724 251.
(f) “Secure Credentials” means any user name, password or other method of secure identification and authentication provided by LexisNexis to the Customer for the purpose of accessing the Services.
(g) “Service” means any information service provided by LexisNexis to the Customer under this Agreement.
(h) “Terms of Trade” means LexisNexis’ Terms of Trade located at http://www.lexisnexis.com.au/pdf/terms-of-trade.pdf as amended from time to time.
- This Order Form once accepted by LexisNexis in accordance with paragraph 3 below, together with the General Terms and Conditions and the Terms of Trade including all schedules, annexures and exhibits attached or incorporated into this Agreement by reference, contain the entire agreement (“Agreement”) between LexisNexis and the Customer in respect of the Services. This Order Form shall take precedence over the General Terms and Conditions and the Terms of Trade.
- The Customer hereby creates an account with LexisNexis for the ordering of Services. The Customer’s request to create an account is subject to acceptance by LexisNexis which will be evidenced by the issuance of Secure Credentials to the Customer.
- The Customer shall pay the Fees at the rate and in a manner specified by LexisNexis from time to time. LexisNexis may impose additional trading terms for the supply of the Service which terms may appear on the face of any tax invoice rendered by LexisNexis to the Customer from time to time. Trading terms may change from time to time. In the absence of trading terms appearing on the face of any tax invoice, payment of all invoices shall be made by the Customer in $AUD within 30 days of the date of the invoice, unless otherwise agreed by us.
- The Customer is liable for all Fees resulting from the use of the Service accessed through the Customer's Secure Credentials whether such use of the Service was authorised by the Customer or not. The Customer must immediately inform LexisNexis of the loss of Secure Credentials, a reasonable prospect of issue of the Secure Credentials or any unauthorised access to or misuse of the Service.
- No refunds will be given for change of mind. The Service Provider may, in its absolute discretion, elect to provide the Customer with search credits provided that, within seven (7) days of the search being conducted, the Customer notifies the Service Provider of the time, date, search type and reason for credit request.
- The Customer acknowledges that access to the Service:
(a) is subject to hours of access and service availability from Data Providers;
(b) may be limited from time to time due to circumstances outside LexisNexis’ control, for which LexisNexis shall not be in any way liable to Customer; and
(c) is subject to LexisNexis maintaining an agreement with the Search Provider for resale of the Service.
- Where required by the Search Provider or a Data Provider, LexisNexis may change these terms and conditions immediately upon notice to the Customer.
- Save in the event of breach or insolvency, this Agreement shall continue until otherwise terminated by either party in accordance with its terms.
- Customer must itself observe and warrant that Authorised Users observe the terms of this Agreement.
- The Customer agrees to fully indemnify and hold harmless LexisNexis and their officers, employees, agents, and related bodies corporate against all expenses, losses, damages and costs incurred by or awarded against any of them arising from any claim, suit, demand, action or proceeding by any person where such loss or liability relates to or arises from the use of the Service by the Customer, reliance on information provided under this Agreement or was otherwise caused by any wilful, unlawful or negligent act or omission of the Customer, its employees, agents, customers or sub-contractors in connection with this Agreement. The indemnity will continue notwithstanding termination of this Agreement.
- Where a Customer is provided with access to materials for free (i.e. materials not specified expressly in this Agreement) LexisNexis has no obligation to continue to provide such material and the Customer has no right to receive the material. Such material may be withdrawn at any time without notice. This right of withdrawal is without prejudice to the rights of LexisNexis referred to at clauses 2.4 and 5.2 of the General Terms and Conditions.
- Any discount offered by LexisNexis is at our discretion and subject to any conditions LexisNexis may elect to impose.
- LexisNexis may immediately terminate this Agreement if Customer:
(a) fails to pay the Fee in accordance with this Agreement; or
(b) breaches any other term or condition and fails to remedy the breach within 14 days after receiving written notice to do so.
- Either party may terminate this Agreement on 30 days written notice.
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