90-Day AI Employer Brand Discovery Programme

    Programme-Specific Terms

    Last Updated: September 2026

    These programme-specific terms apply when a customer purchases the BrandScore 90-Day AI Employer Brand Discovery Programme through a separate order form, proposal or other written purchasing document. The Programme is supplied by Talent PTY Ltd ATF TR Trust, trading through Benchmarcx.

    1. Agreement and precedence

    1.1 These terms, the applicable order form, proposal or other purchasing document, the BrandScore Terms & Conditions last updated 24 August 2026, and the Benchmarcx Privacy Policy form the agreement for the Programme.

    1.2 If these programme-specific terms conflict with the standard BrandScore Terms & Conditions on scope, fees, payment, timing, cancellation or deliverables, these programme-specific terms prevail. The standard BrandScore Terms & Conditions apply to all other matters.

    2. Programme term

    2.1 The Programme starts on 1 October 2026 and continues for 90 days unless the parties agree another start date in writing.

    2.2 The Programme is a fixed-term engagement. It does not operate month to month and cannot be cancelled for convenience during the 90-day term.

    2.3 The Programme does not renew automatically. Continued monitoring, reinforcement work or platform access after the term requires a new written agreement.

    3. Programme scope

    3.1 The Programme includes:

    • one baseline scan and six repeat scans, normally run fortnightly across the term
    • measurement across four AI Engines selected by Benchmarcx
    • approximately 4,200 to 5,600 prompt executions across the Programme
    • AI recommendation visibility and competitive position analysis
    • AI favourability, narrative and source analysis
    • competitor benchmarking
    • EVP, employer-claim and evidence analysis
    • trend reporting across completed scans
    • a final findings review
    • prioritised recommendations based on the available 90-day evidence

    3.2 The figures for prompt executions, timing and engine coverage are planning estimates rather than minimum usage guarantees. Actual volumes may vary because of quality controls, duplicate suppression, engine availability, methodology changes, failed calls or the needs of the analysis.

    3.3 The Programme covers one employer brand and the core market, competitor set and configuration recorded during onboarding. New brands, additional core markets, expanded competitor sets, custom research or extra outputs fall outside the fee unless agreed in writing.

    4. Optional Talent Market scans

    4.1 Bespoke Talent Market scans are optional add-ons and are not included in the Programme fee.

    4.2 Available add-on packages are: one scan per month at US$1,000 per month; three scans per month at US$2,400 per month; or five scans per month at US$3,300 per month, unless another currency or price is stated in the Order Form.

    4.3 A Talent Market scan may focus on a role type, location, candidate priority, talent competitor group or hard-to-hire market. Each scan is ad hoc and is not repeated unless a further scan is purchased.

    5. Onboarding and customer responsibilities

    5.1 The customer must provide accurate legal, brand, market, careers-site and contact information and complete reasonable onboarding requests by the dates requested.

    5.2 The customer must review and confirm the employer identity, core market, known aliases and initial competitor context before the baseline is finalised.

    5.3 If customer delay affects a scheduled scan, Benchmarcx may adjust the scan or delivery timetable. Customer delay does not extend the term or reduce the fee unless Benchmarcx agrees otherwise in writing.

    6. Delivery and scan timing

    6.1 Benchmarcx will use reasonable efforts to run seven measurement scans during the term. Fortnightly dates are indicative and may move to allow for onboarding, quality assurance, AI Engine outages, third-party restrictions or technical issues.

    6.2 Where a particular AI Engine is unavailable, commercially impractical or materially unreliable, Benchmarcx may delay, replace or omit that engine, adjust sampling, or use another reasonable method while preserving the overall purpose of the Programme.

    6.3 A failed or unavailable individual query does not require a refund, credit or rerun where the overall scan remains suitable for analysis. Benchmarcx may rerun queries where it considers this necessary for quality assurance.

    7. Fees, invoicing and taxes

    7.1 The selected Programme fee is a single fixed fee for the 90-day engagement.

    7.2 Benchmarcx will invoice the full Programme fee when the Order Form is accepted. Payment is due within 14 days of the invoice date and, unless Benchmarcx agrees otherwise, before the baseline scan begins.

    7.3 All prices exclude GST, VAT and other applicable taxes, levies or duties. The customer is responsible for those amounts.

    7.4 Bank charges, currency conversion costs and withholding taxes are the customer's responsibility. The customer must pay invoices without deduction or set-off except where required by law.

    8. Cancellation, refunds and rescheduling

    8.1 Once accepted, the customer commits to the full Programme fee.

    8.2 The fee is non-refundable once onboarding, configuration, prompt preparation, data collection or other material work has started, except where required by law or expressly agreed in writing.

    8.3 Before material work starts, Benchmarcx may agree to defer the customer's start date or transfer the fee to a later programme cohort. Any deferral or transfer must be recorded in writing.

    8.4 Benchmarcx may suspend work for overdue payment. Suspension caused by non-payment does not extend the term or remove the customer's payment obligations.

    9. Programme outputs and interpretation

    9.1 Programme outputs are analytical, directional and probabilistic. They are not audited facts, certifications, employer rankings or guarantees of AI visibility, recommendation inclusion, reputation, candidate behaviour or commercial outcomes.

    9.2 AI Outputs may change across engines, model versions, prompts, dates, locations, accounts, search settings and other conditions. The purpose of repeat measurement is to identify patterns and movement, not to promise identical reproduction.

    9.3 Recommendations reflect the evidence available during the Programme. The customer remains responsible for reviewing outputs and obtaining appropriate legal, employment, marketing, communications or other professional advice before acting or publishing.

    10. Data, confidentiality and benchmarking

    10.1 Each party must keep the other party's non-public information confidential and use it only for purposes connected with the Programme.

    10.2 The customer retains ownership of source data it supplies and reports produced specifically for it, subject to Benchmarcx ownership of the Platform, prompts, scoring frameworks, templates, methods and analytical concepts.

    10.3 The customer grants Benchmarcx a non-exclusive licence to process submitted materials and Programme outputs to deliver the Programme and to use anonymised, aggregated information for benchmarking, research, methodology development and improvement of BrandScore.

    10.4 Benchmarcx will not identify the customer in a public report, case study, testimonial, sales announcement or marketing material without the customer's prior written approval. This does not prevent anonymous or aggregated use permitted by clause 10.3.

    11. Intellectual property and permitted use

    11.1 The customer may use its Programme reports and findings for its internal business purposes and legitimate external communications, subject to these terms and the standard BrandScore Terms & Conditions.

    11.2 The customer must not reproduce or expose Benchmarcx prompts, methods, scoring logic or proprietary frameworks, or use Programme materials to build, train or support a competing product or service.

    11.3 The customer must not present any BrandScore score or finding as an independent certification, award, audited fact, endorsement or guarantee.

    12. Platform access after the Programme

    12.1 Active scanning, new analyses, AI-assisted features and managed support end when the Programme term expires unless the parties sign a new agreement.

    12.2 Benchmarcx may provide view-only access to completed reports for a reasonable period after expiry. It does not promise indefinite hosting or continued access unless agreed in writing.

    12.3 The customer may download available reports before access ends, subject to the Platform's export options and these terms.

    13. Early termination for breach

    13.1 Either party may terminate the Programme if the other party materially breaches the agreement and does not remedy that breach within 14 days after receiving written notice describing it.

    13.2 Benchmarcx may suspend or terminate access immediately for non-payment, fraudulent or abusive behaviour, unlawful use, security risk or conduct that materially threatens the Platform or third-party services.

    13.3 Termination caused by the customer's breach does not remove fees already due or the customer's commitment to the full Programme fee.

    14. Liability and third-party services

    14.1 The disclaimers, exclusions, indemnities and liability cap in the standard BrandScore Terms & Conditions apply to the Programme.

    14.2 To the maximum extent permitted by law, Benchmarcx's total aggregate liability arising from the Programme will not exceed the Programme fee actually paid by the customer.

    14.3 Benchmarcx is not responsible for AI Engine outages, changes, restrictions, inaccuracies, hallucinations, omissions, indexing changes or other third-party conduct outside its control.

    15. General

    15.1 Changes to the Programme scope or these terms must be agreed in writing by authorised representatives of both parties.

    15.2 The agreement is governed by the laws of Queensland, Australia. The parties will first try to resolve disputes through good-faith negotiation and, where suitable, mediation before court proceedings.

    15.3 If part of the agreement is unenforceable, the remaining provisions continue. A failure to enforce a provision is not a waiver.

    15.4 Clauses concerning payment, confidentiality, intellectual property, data use, disclaimers, liability, indemnification and governing law survive expiry or termination where their nature requires it.

    Commercial draft prepared September 2026. Obtain legal review before use.