Agreement

Council has established and maintains a system/database (‘the system’) for the lodgement of online applications.

The applicant wishes to obtain a non-exclusive, non-transferable right from council to lodge applications online using the system.

Council is prepared to grant this right subject to these Terms of Use and the terms and conditions set out below.

Indemnity

The applicant agrees to indemnify council in respect of all claims for loss, damage or injury which may be suffered by any person arising directly or indirectly from the fraudulent, malicious or negligent activity in the applicant’s use of the system.

The applicant agrees to indemnify council and not raise any claim against council in respect of any loss, damage or injury which may be suffered by council, the applicant or any third party as a result of the applicant granting higher level access to any of its employees, servants, contractors or consultants which may result in the deletion or amendment of any of the applicant’s or council’s details, files, information and material.

Both parties shall indemnify the other against any loss or damage that may be sustained or incurred as a result of the failure by a party to perform its obligations under this agreement.

Obligations of applicant

The applicant will notify council as soon as practicable if the applicant becomes aware of any unauthorised use of the whole or any part of the system.

The applicant will use its best endeavours to promptly bring to the attention of council the unethical or dishonest activity in relation to the use of the system that the applicant may discover.

The applicant will give council such assistance and cooperation as it reasonably requires in connection with the operation of this agreement.

The applicant will use its best efforts to ensure that any lodgement performed by any of its employees, servants, contractors or consultants does not involve or cause any corruption of, introduce any errors into or make any amendments or changes to the documents lodged.

The applicant will ensure that any form comprising part of the document lodged under this agreement is the original form completed and signed (where applicable) and not a copy of the original form.

The applicant will ensure that any images of documents transmitted under the system are of a standard and in a format approved by council.  Prior to lodging, the applicant will use its best efforts to ensure all form types and fees entered during the process of any lodgement are correct.

The applicant will notify council of any change in business name, contact details or cessation of its business within seven days of the occurrence of the change.

Security

The applicant will apply to council for the ability to lodge documents on the system and nominate the employees that will have access to the system.

The applicant will be solely responsible for the conduct of its employees, servants, contractors and consultants in their use of the aystem.

Where a security violation is detected by council, the applicant will be deemed to have breached this agreement and council may take whatever action is necessary in respect of any such breach.

The applicant acknowledges that: this is a service for the applicant, its employees, servants, contractors and consultants who need such access for the purpose of the applicant exercising its rights under this agreement unauthorised or attempted unauthorised use of the system is prohibited and may constitute an offence under federal, state and local laws access privileges to the system may be revoked at any time without notice if there is a breach of the provisions of this agreement, in particular if there is a security violation and
access will be logged and may be monitored at any time.

In addition:

The applicant will ensure that the password is changed whenever requested to do so by council.
Failed login attempts may be monitored to determine if security is being compromised.
The applicant shall take all reasonable steps to maintain and safeguard the security of access to the system and take all reasonable steps to ensure that its employees, servants, contractors and consultants maintain the security of the system .

Applicant’s acknowledgements

The applicant acknowledges and agrees that: council has no control over the speed of transmission of the data when using the internet to access the system. council will use its best efforts to provide access to the system but does not warrant that access to the system will be uninterrupted. 

For example, access may be interrupted to facilitate urgent maintenance.  Council will not be liable to the applicant or to third parties for any interruptions to the system beyond its control including but not limited to problems with the applicant’s:
telecommunications services
Internet service provider
or
hardware or software.

The applicant acknowledges that this agreement does not otherwise override or amend any obligation, time period or requirements otherwise set down by law, regulation or contained in any council application forms.