Corsearch Product Specific Terms – Brand Intelligence Dashboards

These Product Specific Terms apply to Brand Intelligence Dashboard Services provided by Corsearch to the Customer in addition to the other terms contained in the relevant Order Form.

1. Definitions 

The following words and expressions have the following meanings in these Product Specific Terms and any capitalised terms used but not defined herein have the meanings set forth in the Agreement:

“Brand Intelligence Dashboard Services” means the bespoke business intelligence dashboard services provided by Corsearch, which may include the collection, processing, and display of data points agreed between the parties in writing in a customized dashboard format.

2. Services

Corsearch will deliver the Services as specified in the applicable Order Form to Customer. The details of the Brand Intelligence Dashboard, including the data points to be tracked and displayed, will be mutually agreed upon in writing by the parties prior to delivery of the Services.

3. Onboarding Process

Customer acknowledges that the provision of additional documents and information may be necessary for Corsearch to begin providing the Services (collectively the “Onboarding Materials”). In the event of any delay by the Customer to provide Corsearch with the necessary Onboarding Materials, Corsearch will notify the Customer of the impact of the missing Onboarding Materials and the Customer acknowledges that Corsearch’s ability to fully deliver the Services may be impacted.

4. Third-Party Providers

The Brand Intelligence Dashboard Services may involve data from various sources, which may include third-party providers, and are provided solely for the internal use of the Customer. Corsearch reserves the right to substitute, modify, or replace any third-party provider or technology used to deliver the Services, at its sole discretion, provided that such changes do not materially impact the functionality of the Services. Corsearch will use commercially reasonable efforts to ensure that any such change will not adversely affect the Customer’s use of the Services.

5. Liability

This clause takes precedence over any conflicting clause relating to liability, solely as arising in connection with the Brand Intelligence Dashboard Services, that is stated in the Agreement.

Nothing in the Agreement shall limit or exclude either Party’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law.

Neither Party shall be liable to the other Party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the Agreement for loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss or damage to goodwill or reputation; and any indirect or consequential loss.

Except in relation to its liability arising from the following clauses of the Agreement: (a) Clauses 8 (Indemnity); (b) Clause 11 (Confidentiality); (c) fees owing to Corsearch; (d) a breach by Customer of Clause 4.2; and (e) any subpoenas, legal orders, demands or requests for information, each Party’s aggregate liability under the Agreement shall be limited to amounts actually paid or payable by Customer to Corsearch for Business Intelligence Dashboard Services during the twelve (12) months immediately preceding the event that gives rise to such liability.