Terms and Conditions
In the Agreement defined terms have the following meanings:
means the agreement consisting of: (i) the CA; (ii) the Isentia Terms and Conditions; and (iii) any applicable statement of work.
means any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time, the common law and the law of equity, any binding court order, judgement or decree, any applicable guidance, direction, policy, rule or order that is given by any regulatory body in any jurisdiction applicable to this Agreement each as in force or as may be amended from time to time.
means the Acceptable Use Policy set out at https://www.pulsarplatform.com/acceptable-use-policy/ as may be updated from time to time.
means the Media Brief and/or Insights Brief as the case may be.
Business Ethics Laws
means any Applicable Law relating to the conduct of business including but not limited to applicable anti – bribery and anti – corruptions laws and Consumer Laws.
means the Client Agreement setting out the Services to be provided by Isentia to the Client.
means any information relating to the business of the disclosing party which is not publicly available including, but not limited to, any information specifically designated by the disclosing party as confidential; any information supplied to the disclosing party by any third party in relation to which a duty of confidentiality is owed or arises; and any other information which should otherwise be reasonably regarded as possessing a quality of confidence or as having commercial value in relation to the business of the disclosing party.
Consumer Law means
means, in Australia, Schedule 2 of the Competition and Consumer Act 2010 (Cth) and corresponding provisions of the Fair Trading Acts of each State and Territory in Australia and, outside Australia, any similar Applicable Law.
In Australia, Schedule 2 of the Competition and Consumer Act 2010 (Cth) and corresponding provisions of the Fair Trading Acts of each State and Territory in Australia and, in New Zealand means the Consumer Guarantees Act 1993 and Fair Trading Act 1986 and outside Australia and New Zealand, any similar Applicable Law.
means the client whose name appears on the CA.
means the personal data processed in the course of provision of the Services.
means any material or content provided to Isentia by or on behalf of the Client in connection with the Services or the Agreement.
means, in Australia, the Copyright Agency Limited and, outside Australia, any applicable copyright licencing body.
Copyright Agency Downstream Licence
means, in Australia, the licence offered by Copyright Agency for the downstream use of print Works licensed by Copyright Agency, which are available from the Copyright Agency website at www.copyright.com.au and, outside Australia, any downstream licence conditions applicable to the Works.
means a single social media account that is actively tracked by the Pulsar Core software. The social media account may be from any one of the following platforms: Twitter, Facebook, Instagram, YouTube, LinkedIn or Google Analytics. Any additional platforms may be agreed in the CA, where available.
The daily briefings services outlined in the CA.
Data and Content Services
means the data and content services detailed in the CA including but not limited to media and social intelligence services.
Data Protection Law
means any Applicable Law relating to the processing, privacy, and use of personal data, as applicable to the receipt and provision of the Services.
Force Majeure Event
means any flood, storm or other natural disaster, fire, labour dispute, war, riot or terrorism, act of God, act of government or state, communications or equipment failure or any other circumstances beyond Isentia’s control.
means the initial term of the Agreement as set out in the CA.
Insights and Reporting Services
means the research and insights services detailed in the CA including but not limited to Insights Reports and Daily Briefings.
means the instructions for Insights Reports provided by the Client and confirmed by Isentia.
means analysis reports, daily briefings or other value-added services provided by Isentia.
Intellectual Property Rights
means all intellectual property rights, including the following rights: (a) copyright, patents, rights in circuit layouts, trademarks, designs, trade secrets, know-how, and any right to have confidential information kept confidential. (b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and (c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist; whether or not such rights are registered or capable of being registered.
means the Isentia entity specified on the CA and if no entity specified in the CA means Isentia Pty Limited ACN 002 533 851;
means Isentia Limited (1471802) NZBN 94 290 356 006 95.
Isentia Background Material
means all content, software, materials, documents, media, works, property and know-how owned or developed by Isentia prior to the Agreement or independent of the Services.
means the account management team responsible for the Client as set out in the CA or advised by Isentia from time to time.
Isentia Services Material
means materials developed by Isentia in providing the Services and expressly detailed in the CA which may include Insights Reports or Pulsar Research but which excludes Client Material, Isentia Background Material, and Third Party Material.
Isentia Terms and Conditions
means these terms and conditions.
means the location of the registered office of the Isentia entity entering the Agreement.
means for the purpose of media monitoring Services, the keyword, scope, search conditions and other instructions provided by the Client and confirmed by Isentia.
Media Coverage List
means the list of sources analysed by Isentia as that list is updated from time to time.
means a single piece of content, which can be a post or an article that Isentia collects into a Client’s Search using Pulsar TRAC software. Such content can come from any of the various social media and online data sources covered by Isentia. A Mention, for example, can be a tweet, a retweet, a blog post, a comment on a blog post, a video post, a comment on a video post, a forum post, or a news article.
Modern Slavery Law
means the Modern Slavery Act 2018 (Cth) and any equivalent law or regulation in the Location.PMCA means the Print Media Copyright Agency a division of New Zealand Press Association Limited.
means an organisation whose primary purpose is the provision of professional public relations or communications services to third party clients.
means, where specified in the CA, the fixed and specified scope of Service or Services to be supplied over a limited amount of time including but not limited to Insights Report projects or Data and Content Services supplied for less than 12 months.
Pulsar API Software
means the Pulsar Application Programming Interface which allows customers to leverage data made available through the Pulsar TRAC software for their own web applications.
means services which involve engagement of Isentia’s professional services team for the purposes of producing reports which provide strategic insights into social media audience data as further detailed in a statement of work or CA.
means the Pulsar services detailed in the CA.
means the number of API calls an app or user can make within a given time period. The current Pulsar API software rate limit is 5 requests per second. Each request returns a maximum of 100 results per page. These limits may be updated from time to time.
has the meaning given to that term in clause 4.2.
means a query which consists of filtering rules and other criteria that the Client creates using the Pulsar TRAC software. Each filtering rule contains specific clauses which can be a keyword, URL or panel of authors.
means the services specified in the CA or any other services supplied by Isentia to the Client.
means any specific level of service agreed by the parties in writing or, if no agreement, in accordance with any relevant Brief or the CA.
means the start date of the Services specified in the CA.
means the Isentia platform and media intelligence services detailed in the CA and, where applicable, the Pulsar platform and Pulsar services detailed in the CA.
means: (i) the Initial Term and any Renewal Term; and/or (ii) the duration of a Project (where applicable).
include any taxes, levies, duties or similar local, state, federal government assessments of any nature assessable on the Services, including, for example goods and services taxes and value added taxes.
Third Party Costs
means any fees or costs incurred by Isentia in relation to the provision of the Services and includes but is not limited to fees payable to the Copyright Agency Limited.
Third Party Material
means any material from a third party made available as part of the Services including but not limited to Works.
means an item of media content published by a third party and delivered to the Client as part of the Services, including excerpts and transcripts of television and radio broadcasts and articles published in newspapers, magazines, periodicals and online.
Asia Version December 2021 Isentia Limited Terms and Conditions
NZ Version December 2021