What Information We Collect
BMI collects personal data in the course of its business activities, including in connection with some client services. We also collect personal data on certain areas of the Sites when you request to book a call to talk to our business experts, including:
- First & Last Name
- Email ID
- Phone Number
- Company Name
- Website [Optional]
What We Do With The Information
BMI is a General Management Firm that provides 360 Degree business services. At the initial stage, we use the data collected from visitors on the website to analyze the service they required and contact them for further discussion. If the deal does not work both ways, we discard the data from our system. However, if both parties, BMI and the Client, close the deal, the information is used to create the client’s profile after the client's consent.
We understand the importance of your data, and we act a step ahead of other firms to protect it.
TERMS & CONDITIONS
All services, whether purchased as Individual Services, performed as part of the full General Management Membership, or as a bespoke business solution, are subject to the Terms & Conditions of Bickert Management, as outlined below. All customers acknowledge and agree to these terms by requesting Bickert Management's services.
Upon request of any BMI services, as outlined below, the customer and BMI enter into this agreement, made effective the date of the customer request. The customer, herein after referred to as "Client," is defined as the entity, person, or business that has contacted BMI, whether on their own personal behalf, or on behalf of a business, and said entity acknowledges that they are able to enter into this agreement, either on their own behalf, or on behalf of the business they represent. BMI is defined as Bickert Management Inc., an Alberta corporation having an office in the city of Calgary.
1.1 Definitions. In this Agreement, (including the recitals hereto and this Article) the words and phrases set forth below shall have the following meanings:
(a) "ASPE" means Canadian accounting standards for private enterprises as provided from time to time by the Canadian Institute of Chartered Accountants and applied on a consistent basis;
(b) "Business" means the business of the Client;
(c) "Business Day" means any day exclusive of Saturdays, Sundays or statutory holidays in Calgary, Alberta;
(d) "Net Profits" means, with respect to any fiscal year of the Client, its net income determined in accordance with ASPE;
(e) "Consulting Fees" has the meaning set forth in Section 4.1;
(f) "Consulting Services" means those services to be provided by BMI to the Client hereunder;
(g) "Dollar" or "$" means a Canadian dollar;
(h) "Effective Date" means the date first above written;
(i) "Notice" means any notice, request, demand, direction or other communication required or permitted hereunder whether given orally or in writing;
(j) "Party" means the Client or BMI and "Parties" means the Client and BMI;
(k) "Person" means any individual, partnership, corporation, trust, unincorporated organization, joint venture, union, government or any department or agency thereof and the heirs, executors, administrators or other legal representatives of an individual; and
(l) "Term" has the meaning ascribed thereto in Section 3.1 hereof.
2.1 Headings. The division of this Agreement into Articles, Sections, and subsections and the provision of headings are for convenience of reference only and shall not affect the construction or interpretation hereof.
2.2 Gender. Wherever the singular or masculine or neuter is used in this Agreement, each shall be interpreted as meaning the plural or feminine or body politic or corporate, and vice versa, as the context requires.
2.3 References. Except as otherwise expressly provided for herein, "hereto", "herein", "hereof, "hereby", "hereunder" and similar expressions refer to this Agreement as a whole and not to any particular Article, Section, subsection, or other portion thereof; and references including one or more of the expressions Article, Section, or subsection, followed by a letter or a number or a combination of numbers and letters refer to that specific provision and not this Agreement as a whole.
2.4 Schedules. The Schedules, if any, attached hereto are incorporated in this Agreement by reference and deemed to be a part hereof.
TERM AND TERMINATION
3.1 Term. This Agreement shall be effective for a term commencing on the Effective Date and remaining in full force and effect for the time period specified, or until the service has been completed as outlined in the service's scope of work. Recurring subscriptions are automatically renewed for further equivalent terms unless terminated on thirty (30) days advance notice by either BMI or the Client (the initial term and any renewals being referred to collectively as the "Term").
4.1 Fees. In consideration of the provision of Consulting Services pursuant to this Agreement, the Client shall pay BMI the fees as outlined in each Individual Service, or as outlined in the BMI Consulting Services Agreement.
4.2 GST. All fees referred to in this Agreement shall be exclusive of the goods and services tax ("GST") assessable pursuant to the Excise Tax Act (Canada). GST shall be paid by the Client to BMI on all fees payable hereunder as required.
4.3 Timeliness of Payment. All fees shall be payable to BMI in the timeline as outlined on the invoice or quote accompanying any service. The invoice or quote, if specified in contradiction of the timeline set forth in this clause, will be taken as an addendum to this clause, and override the timeline of payment. The default timeline for fees due to BMI for Consulting Services is Due on Receipt, wherein fees must be paid the date they are assessed and charged to the Client. This default is to be applied in the absence of any other instructions.
4.4 Outstanding or Overdue Fees. Any fees that do not adhere to the default Timeliness of Payment must be paid within the timeframe specified, or be subject to a $100 late fee, as well as a 2% monthly interest fee. BMI reserves the right to cease all work for Clients with delinquent accounts. Until all outstanding fees are paid, the rights to Intellectual Property created by BMI for the Client remain BMI's.
SERVICES AND AUTHORITY
5.1 Authority of BMI. Consistent with the provisions of this Agreement, the Client agrees that BMI shall have the responsibility and commensurate authority to provide the Consulting Services to the Client. Subject to the terms and conditions of this Agreement, BMI is hereby expressly authorized to provide the Consulting Services in any reasonable manner BMI deems appropriate to meet the requirements of the Business of the Client.
5.2 Corporate Access. BMI will be granted reasonable access to management of the Client and shall be given access thereby to the Client's premises and all of the Client's financial and accounting books and records, shareholders lists, legal documents and any other lists, books, records, intellectual property or documentation that BMI may request or require in order to assist it in fulfilling its obligations under this Agreement, subject always to the provisions of this Agreement and the confidentiality obligations of BMI set forth herein.
5.3 Intellectual Property. BMI acknowledges that the Client's rights to all intellectual property (including but not limited to tradenames and trademarks, patents, copyright and domain names, if any) used in relation to the Client's Business and the goodwill connected therewith are the Client's property.
6.1 Confidential Information. All information of the Client that is disclosed to BMI pursuant to the provision of services under this Agreement and that is identified by the Client as confidential or proprietary ("Confidential Information") shall (a) be maintained in strict confidence by BMI and shall not be disclosed by BMI to any persons or parties who are not previously approved in writing by the Client during the Term of this Agreement and for a period of twelve (12) months following termination of this Agreement; and (b) be used by BMI solely for the purpose of providing the Consulting Services. BMI shall use best efforts and shall implement appropriate safeguards to ensure the confidential treatment of the Confidential Information and to protect the Confidential Information from any intentional or unintentional wrongful disclosure.
6.2 Other Information and Work Product. All reports, notes, business and strategic plans, marketing materials analyses and other work product of BMI, in each case in whatever form which may include the nature and outcome of the Consulting Services, but not identify the Client or any Confidential Information of the Client, which may be prepared or developed by BMI (collectively, the "BMI Work Information") shall remain it property and proprietary information and the Client shall have no rights or ownership in such materials.
6.3 Permitted Disclosure. BMI shall be entitled to disclose Confidential Information to its employees, officers, directors and consultants to the extent that they have a need to know such information for the purposes of providing the Consulting Services hereunder, provided that BMI shall ensure any such personnel is bound by a confidentiality undertaking consistent with the undertakings of BMI under this Agreement.
6.4 Survival. BMI's obligations under this Article 6 shall survive termination of this Agreement indefinitely.
6.5 Exceptions. Notwithstanding the foregoing, BMI shall not be obligated to maintain in confidence Confidential Information: (a) that is in or becomes part of the public domain other than as a result of a disclosure, directly or indirectly, by BMI; (b) that is legally in BMI's possession or otherwise known to BMI prior to disclosure by the Client, its agents, affiliates, consultants or representatives as conclusively established by BMI's verifiable written records; (c) that is disclosed to BMI by a third party under no obligation to the Client to maintain the confidentiality thereof as conclusively established by BMI's verifiable written records; or (d) to the extent BMI is required by order of court or regulatory body to disclose such Information, in which event BMI agrees to advise the Client of the order prior to disclosure and to take all reasonable measures to limit the disclosure and protect it from dissemination beyond the absolute requirements of the order, including requesting a protective order and disclosure under seal.
LIABILITY AND INDEMNITY
7.1 Liability. The Client shall be liable for any claims, liabilities, damages, expenses, losses and costs which BMI may suffer, whether directly or indirectly, as a result of any act or failure to act of any personnel of the Client, whether or not such personnel are at the time deemed to be under the direct control and direction of the Client except if BMI is in default pursuant to Article 6 hereof.
7.2 Indemnity. The Client hereby covenants and agrees to indemnify and save harmless BMI and its shareholders, directors, officers and employees from and against all claims, liabilities, damages, expenses, losses and costs which it may suffer as a result of any occurrence or event happening whether or not as a result of or in connection with the provision of Consulting Services to the Client pursuant to this Agreement and arising out of actual fraud, dishonesty or gross negligence of the Client including, without limiting the generality of the foregoing, any claim which any personnel providing Consulting Services to the Client may have for any injury or illness suffered, whether or not deemed to be under the direction and control of the Client, and any claim or action which any Person may have for any act or failure to act of personnel providing Consulting Services to the Client under this Agreement, whether or not such personnel were under the direction and control of the Client.
8.1 Notices. Any Notice, direction, certificate, consent, determination or other communication required or permitted to be given or made under this Agreement shall be in writing and shall be effectively given and made if (i) delivered personally, (ii) sent by prepaid courier service or mail, or (iii) sent prepaid by fax or other similar means of electronic communication, in each case to the applicable address set out below:
to the client, at the email address they indicate to BMI to be used for communications;
to BMI, at their office located in Calgary as indicated on the BMI website, or to the email address email@example.com.
8.2 Time of Notice. Any Notice or communication so given or made shall be deemed to have been given or made and to have been received on the day of delivery if delivered; on the day of faxing if sent by fax, provided that electronic confirmation of successful transmission is received by the sender; on the day of sending if sent by other means of recorded electronic communication, provided that the addressee expressly acknowledges receipt of such communication to the sender; and that the day on which the communication is given in any event is a Business Day and the communication is so delivered, faxed or sent before 4:30 p.m. (MST) on such day. Otherwise, such communication shall be deemed to have been given and made and to have been received (subject to the foregoing provisos) on the next following Business Day. Any such communication sent by mail shall be deemed to have been given and made and to have been received on the fifth Business Day following the mailing thereof; provided however that no such communication shall be mailed during any actual or apprehended disruption of postal services. Any such communication given or made in any other manner shall be deemed to have been given or made and to have been received only upon actual receipt. Either Party may change its address for the purposes hereof by delivering a Notice of such change to the other Party at its above address.