Common use of Data Charges Clause in Contracts

Data Charges. 5.1 All Customers are required to report Data Charges monthly in the format and with the content specified by Turquoise. Reports are to be submitted electronically via the Terminal Returns system (see the Reporting Schedule and the Direct Reporting Schedule for further information). 5.2 Turquoise reserves the right to request and obtain on reasonable notice such additional reports as may be required from time to time to monitor the Customer’s use of Data and compliance with this Agreement. 5.3 A Redistributor may grant a one-off, single free trial of thirty (30) days during which no Data Charges will apply. This will apply: (i) per natural user for display Devices; (ii) per End Customer for Data delivered via datafeed. 5.4 The Redistributor must submit a Report for any free trial access provided throughout the month in accordance with the Reporting Schedule. 5.5 Turquoise must approve in writing the contractual and technical controls put in place by any Redistributor prior to commencement of offering of free trials. These controls must prevent any misuse of free trial data, including but not limited to: (a) preventing recurring free trials, (b) limiting the free trial to 30 days per Professional Subscriber or Private Investor End Customer, and (c) ensuring that appropriate terms and conditions are in place to govern the free trial period. 5.6 Prior written permission must be sought from Turquoise for any free trial data to be delivered via datafeed. 5.7 Any free trial access must be reported under the relevant free trial reporting codes in the next report submitted to Turquoise following permissioning. If such free trial access converts into access to fee-liable Data, the Redistributor must report the Device under the fee-liable reporting codes in any subsequent month. 5.8 Redistributors granting free trial periods for Private Investors must ensure that such free trials are restricted to those users who complete a declaration, in advance, stating that they are eligible as per the Private Investor criteria. 5.9 If Data is delayed by 15 minutes or more prior to dissemination and display, it is categorised as Delayed Data and free of Charges. 5.10 Redistributors wishing to distribute Delayed Data to third parties must be appropriately licensed. 5.11 Redistributors will often seek to pass on Turquoise’s charges to their End Customers. This may be done as part of a Redistributor’s own charges.