TERMS AND CONDITIONS OF CONTRACT
1. Research Insight offer Clients a unique guarantee, as follows:
"We guarantee to provide a well-focused research solution designed to reveal new and valuable insight, and to provide action-focused recommendations that will enable you to make the best possible decisions. If for any reason you are not satisfied with the quality of our work, all we ask is to be told why and we will put things right. If you are still not satisfied, there will be no "ifs" and no "buts", we'll ask you to decide how much to pay us."
2. All proposals are submitted for the client's consideration only and remain the property of Research Insight Ltd. They must not be shown to any third party other than the client's agency for the project. No use may be made of our proposal if Research Insight is not commissioned to conduct the study. Research Insight proposals remain valid for a period of 30 days from date of issue. Thereafter, quoted fees may be changed to reflect any increases in costs or executive charge rates.
3. Unless alternative payment terms are stipulated in the Proposal, the agreed fee shall be payable as follows:
a) 50% on commission of the service, 50% on delivery of the completed service.
b) Provision of Consultancy Support (on "daily rate" basis): 100% payable monthly, in arrears
4. All payments to Research Insight should be paid by electronic bank transfer (not cheque), with the Client paying all sender and recipient bank charges. Our bank details are shown on each invoice.
5. All costs quoted exclude UK Value Added Tax (applicable for most companies based in the UK; in general, UK VAT does not apply to companies based outside the UK), which will be charged at the rate in force at the time the invoice is raised.
6. The agreed fee should be paid within 15 days of the invoice date. In line with the "Late Payment of Commercial Debts (Interest) Act 1998", late payment may incur interest at the rate of 10% above the Fixed Reference Rate (see www.payontime.co.uk/calculator/statutory.html). If necessary, extended credit terms can be agreed although our fee would need to be increased (typically by 10%) to cover the cost of this.
7. The agreed project timetable and the agreed fee will apply only to the project specifications described in a Research Insight proposal. Any alterations to the project specifications (or delay caused by any action or decision by the Client) may result in a change to both the agreed project timetable and the agreed fee.
8. If a project is cancelled by the client after acceptance, Research Insight will charge a cancellation fee based on irrevocable costs incurred (plus a 20% mark-up), plus executive time spent on the project prior to and as a result of the cancellation.
9. In the event of a project being postponed by the client after acceptance, Research Insight will charge a postponement fee based on irrevocable costs incurred (with no mark-up), plus executive time spent on the project prior to and as a result of the postponement.
10. It is Research Insight policy to estimate costs and to invoice in British Pounds Sterling. Where costs are incurred by us in another currency (or where a client requires a quote in another currency), we will either state the exchange rate used to covert that currency to Sterling or state that the exchange rate will be that applicable on the invoice date. Any change in the estimated exchange rate will result in an increase or decrease to the agreed British Pounds Sterling fee.
11. Copyright to "single client" study findings passes to the Client on full payment of the study fee. Copyright to "multi client" research proposals and study findings is retained by Research Insight. Multi client survey data or findings must not in any circumstances be published or passed to a 3rd party by the Client.
12. Clients may publish or pass on study findings to which they have copyright, but should seek prior approval from Research Insight for the form and content of publication to avoid misrepresentation. If findings are published without prior approval, Research Insight reserves the right to publish any of the study findings or other information it considers necessary for correction and to seek redress for such misrepresentation.
13. Research Insight will use its best endeavours to ensure the accuracy of its research, but does not warrant the accuracy of any data provided by way of report or conclusions, nor does it accept liability for any error contained in or omission from any report or any loss, whether direct or consequential.
14. Research Insight and the Client shall indemnify the other against any loss of or damage to any property, or injury or death of any person, caused by any negligent act or omission or wilful misconduct of it, its respective employees, agents or sub-contractors.
15. Except in respect of injury or death (as above) the aggregate liability of Research Insight to the Client and third parties for loss or damages, whether in tort or for breach of contract or for misrepresentation or otherwise under the terms of this Agreement or in respect of the services provided by Research Insight to the Client, shall in no circumstances exceed the amount received from the Client in consideration of the services.
16. Completed questionnaires, audio and video tapes, and any computer disks/tapes prepared from them remain the property of Research Insight. In accordance with Market Research Society practice, questionnaires will normally be destroyed after the expiry of one year from the date of provision of the final computer tabulations; the data held on computer disk/tape will normally be deleted after two years, unless otherwise required by Data Protection legislation.
17. All Research Insight studies are run strictly in accordance with the professional Codes of Conduct of the Market Research Society and ESOMAR.
18. Neither Research Insight nor the Client may hire employees of the other Party or engage them as consultants, suppliers or sub-contractors, without written consent of the other Party.
19. The Client must not engage direct (ie without the active involvement of Research Insight), without the written consent of Research Insight, suppliers or sub-contractors that have been introduced by Research Insight. Should such direct engagement take place, the Client agrees to pay Research Insight a fee equivalent to 20% of the agreed supplier/subcontractor fee for each piece of work commissioned with the supplier/subcontractor.
20. Except where the sample is supplied by the client, Research Insight reserve the right to ask respondents if they may be re-contacted for future surveys.
21. The contract between Research Insight and the Client formed by these Terms and Conditions and the other terms of any proposal of which they are part shall be governed by and construed solely in accordance with the laws of England and the Client and Research Insight submit to the exclusive jurisdiction of the English Courts to the exclusion of all other courts and systems of law.
22. These Terms and Conditions supercede any other Research Insight or Client Terms and Conditions that may have been exchanged previously.
Research Insight Ltd
5 Bakers Lane, East Hagbourne,
Oxfordshire, OX11 9LH,
Avalon House, Marcham Road, Abingdon,
Oxfordshire, OX14 1UD,
Company Registered in the UK #: 3734914
VAT Registration #: 718 1615 41
Click here to view our code of conduct.