Qa Research Limited
1. These terms and conditions together with the attached specification will govern the provision of marketing services (“the Services”) by us (“the Company”) to you (“the Customer”)
The Company will:
2. Provide a proposal to the Customer prior to supply, for the Customer’s agreement (“the Proposal”)
3. Provide the Services to the Customer in accordance with that Proposal.
4. Notify the Customer of any changes to the Proposal during the supply of the Services, and ensure the Customer’s agreement with the changes prior to continuing.
5. Notify the Customer of any delay in the performance of the Company’s obligations.
6. Supply the necessary personnel to provide the services, and may increase or change the personnel as necessary
The Customer will:
7. Provide accurate information to the Company for the purpose of preparing the Proposal.
8. Inform the Company in writing of their acceptance of the Proposal.
9. Notify the Company of any change to the information provided to the Company for the purpose of preparing the Proposal.
10. Notify the Company of any changes to the Proposal that it requires.
11. Pay the Company for the Services.
12. Ensure that any data to be supplied for the purposes of mail shots, telephone research, electronic research, face-to-face interviewing or otherwise is delivered no later than 48 hours in advance of the fieldwork commencing. Similarly the Customer will proof and sign off questionnaires at least 48 hours in advance of fieldwork commencing. The Company reserves the right to revise previously agreed timescales if either one of the above deadlines is not adhered to by the Customer.
13. Where statistical, design and/or published work has been purchased, contact the Company within 7 days of the receipt of an invoice, if it requires that work archiving. If it does not, the Company reserves the right to erase such material from computer memory.
14. Acknowledge that, unless otherwise agreed all reports, tabulations, questionnaires and other project documents remain the copyright of the Company and may not be published, quoted or reproduced without the permission of the Company.
Price and Payment
15. The price will be as quoted by the Company for the Services.
16. The price may increase where the Services or the Proposal are altered in accordance with the Customer’s instructions.
17. All prices quoted will be exclusive of VAT.
18. All prices quoted by the Company will be valid for 30 days from the date of the agreed Proposal.
19. On acceptance of the quotation, fees will be invoiced as to 50% on commissioning and 50% on completion of the work.
20. The Company will inform the Customer of any changes to the price and the reason for those changes. The Customer must give permission for the change in price (such permission not to be unreasonably withheld). The Company may terminate this contract where such permission is not given.
21. The Company reserves the right to charge the Customer for any delay in the provision of the Services caused by the Customer.
22. Except in accordance with Clause 21 all invoices are payable within 30 days of the date of the invoice.
23. Notwithstanding the above any Services provided to first time customers must be paid for in full on receipt.
24. The Company reserves the right to request references in respect of a Customer where any credit is to be given.
25. Where payment is not made in accordance with this contract the Company will charge interest at a rate of 8% above base rate on any late payment, until such time as the payment is made in full.
26. In the event of cancellation or postponement of a project once commissioned, a fee will be charged by the Company to cover costs of all work undertaken, services provided, expenses and overheads, and commitments made up to the time of cancellation.
27. The cancellation fees for the fieldwork elements will be charged as follows: Costs will be paid for any project that is cancelled within 8-30 days of fieldwork commencing
27.1 50% for projects cancelled within 4-7 days of fieldwork commencing
27.2 100% for projects cancelled within 3 days of fieldwork commencing.
28. Except in respect of death or personal injury caused by the Company’s negligence (or any other liability which by law we cannot exclude or limit) , the Company will not be liable to the Customer due to any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation (and whether caused by the negligence of the Company, its employees, or agents) which arise from the provision of goods or services under this contract.
29. Subject to Clause 23 the Company’s liability for any breach of the terms of this Contract or otherwise will be limited to the value of the goods or services purchased by the Customer from the Company in the 12 months prior to the breach of this Contract.
30. The Company will not be liable if it has provided any recommendations for action and the Customer implements those recommendations prior to taking further advice on the implementation strategy from the Company.
31. No goods or services will be supplied prior to the Proposal being agreed in writing.
32. The price for any telephone, field or postal research project is based on any database supplied being at least 90% accurate and any data provided being up to date at the time that it was provided. If the proposed hit rate achieved by the Company for the research project is significantly greater or lower than that proposed by the Company then the Customer will be informed immediately, and the price or timescale amended in accordance with this contract.
33. On completion of the Project any data supplied by a Customer will be returned to them unless they request that it is retained on computer by the Company.
34. The Company will hold either physically or electronically or both, for a period of at least 12 months, primary records (e.g. completed questionnaires, data files, group recordings) and for a period of at least 24 months, all other final versions of documents and materials relating to the project. After12 and 24 months respectively, The Company reserves the right to destroy / dispose of these records and materials, unless agreed otherwise.
35. All information supplied to Qa Research by the customer in order to conduct a research project will be treated in the strictest confidence. It will only be used in this context and will not be made available to third parties without the customers’s authorisation. Confidential information will be stored securely.
36. The research results relating to a specific customer, obtained by Qa Research as a result of carrying out a particular research project, will not be used in research projects for other customers without authorisation of the original customer and shall be treated in the strictest confidence
37. Data provided by respondents, as well as their identity (e.g. completed questionnaires), shall be treated in the strictest confidence and all assurances given to respondents shall be fulfilled. All reasonable precautions shall be taken to ensure that respondents and observed subjects (including those who may not be aware they are being observed) are not harmed or adversely affected as a result of participating in the research.
38. Sample data is returned to the client if requested by them, or destroyed within four months of the end of the project, unless a different timescale for disposal is requested by the client.
39. All sample and data files sent (electronically or on CD) to Qa by the client must be encrypted (e.g. WinZip, but other compatible encryption software may be used), and the password sent via a different method to the data files, or uploaded to Qa’s SFTP site. The client may use their own means of secure upload if they prefer.
40. Qa reports and presentations of research results will clearly distinguish facts and their interpretation, and conclusions will be clearly and adequately supported by the data. If research results are to be published, clients must submit materials to Qa for checking to ensure that results are not incorrectly or misleadingly reported, whether or not Qa is mentioned. Press releases must include either final report details (including question wording for any questions quoted) or details of where the information can be obtained (e.g. via a website link).
41. This contract may be terminated immediately due to a breach of these terms.
42. Either party may terminate the contract on 30 days written notice to the other.
43. The Company may terminate the contract where any health or safety issue has arisen in carrying out the contract.
44. On termination for non-payment the Customer must return any property belonging to the Company.
Version 4 date March 2019