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- Terms & Conditions
Terms & Conditions
“the Client” refers to the person or organisation that commissions work from the Company.
“the Fieldwork Date” refers to the fieldwork date set out in the Schedule and Costs document.
“the Company” refers to Criteria Fieldwork Ltd.
“the Fees” refers to the fees set out in the Schedule and Costs document.
“Fieldwork” refers to the process by which Respondents are selected, screened, delivered to and participate in focus groups or interviews including, but not limited to, preparation of schedules and screening documentation, sourcing of participants, screening of participants and validation.
“Recruiter” refers to any third party, employee of the Company or other person engaged in Fieldwork or commissioned to conduct Fieldwork on behalf of the Company.
“Respondent” refers to any person participating in any market research event recruited by or on behalf of the Company.
“the Schedule and Costs document” refers to the document sent to the Client confirming the Services requested by the Client and the Fees that will be charged to the Client by Criteria for the Services.
i). “the Services” refers to the services set out in the Schedule and Costs document. j). “these Terms and Conditions” refers to the terms and conditions set out in this document.
All work undertaken by the Company is subject to these Terms and Conditions and the provisions set out in the Schedule and Costs document, together “the Contract”, which may not be varied except as may be agreed between the parties in writing. Where there is any inconsistency between these Terms and Conditions and the Schedule and Costs document, the provisions of the latter shall prevail.
The Contract contains the entire agreement between the parties in relation to the Services. It supersedes any prior agreements, representations, arrangements or undertakings between the parties and any terms and conditions proposed on the Client’s order form, or other similar document, provided that this shall not exclude liability for fraudulent misrepresentation.
All references to statutes, regulations or other similar instruments shall be construed as references to the statute, regulation or instrument as subsequently amended or re-enacted. Headings are used for convenience only and shall not affect the interpretation of these Terms and Conditions.
Terms and Conditions:
In commissioning the Company to perform the Services, the Client agrees to adhere to these Terms and Conditions.
The Company adheres to the ICC/ESOMAR International Code of Marketing and Social Research Practice ("the ICC/ESOMAR Code") and the Code of Conduct of the Market Research Society ("the MRS Code") as amended from time to time. Copies of the ICC/ESOMAR Code and the MRS Code are available at www.esomar.org/web/show/id=43240 and www.mrs.org.uk/standards/codeconduct.htm or in hard copy upon request. The Company does not engage in any activity for which the primary purpose is the promotion or selling of goods or services. The business of the Company is solely Market Research (as defined in the ICC/ESOMAR Code).
In commissioning the Company to work on their behalf the Client acknowledges that they are familiar with the MRS Code and agrees to adhere to it fully.
All recruitment screeners, invitation cards, respondent lists or other documents created by the Company or its agents and all intellectual property rights in such documents shall remain the property of the Company.
The Company does not keep completed recruitment questionnaires after the date of completion of the Fieldwork unless this is specifically agreed between the Company and the Client and specified in the Schedule and Costs document. Respondent data kept is archived for a maximum of one year from the date of completion of the Fieldwork.
Recruiters’ details are confidential and remain the property of the Company. Recruiters’ details shall not be passed on to any third party without the prior written consent of the Company. Recruiters not previously known to the Client shall not be approached independently within 12 months of the date of termination of the Contract.
The Company is registered for the purposes of the Data Protection Act 1998 (“the Act”) and adheres fully to its provisions. The Client acknowledges that it is aware of its duties under the Act and agrees to adhere to them accordingly.
In the event the Fieldwork being cancelled, charges will be calculated on the basis of costs incurred to the Company at the date of cancellation and a proportion of the Recruitment Fee (as defined in the Schedule and Costs document) will be charged to the Client accordingly.
In the event of the Fieldwork being postponed, charges will comprise of a postponement fee (of 20% of the Recruitment Fee if the Client notifies the Company two or more working days before the date scheduled for the Fieldwork or 100% of the Recruitment Fee in all other cases) plus any additional costs incurred by the Company should the Fieldwork be re-booked and take place within 30 days of the date of cancellation. Should Fieldwork not be re-booked within this period, it will be treated as a cancellation for the purposes of clause 8.
The initial quote is only intended to provide an outline of the costs that would be charged by the Company for the project described by the Client. Whilst it is unusual for the Company not to be able to provide the recruitment services outlined therein this will depend entirely on final specification, recruiter availability and timing. Legally a quote provided by the Company does not represent an offer capable of acceptance by the Client.
Unless otherwise specified in writing, quotations are given exclusive of VAT.
Invoices are payable within 30 days of the Invoice Date (as set out on the relevant invoice). The Company reserves the right to claim statutory interest at 8% above the then current Bank of England base rate for late payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Where applicable, interest will be calculated on a monthly accrual basis from the due date of payment. Where the Company at its discretion deems it necessary to instruct a solicitor to recover the payment, all reasonably incurred legal and related charges shall be payable by the Client, including but not limited to the costs of any court proceedings. In such circumstances, the Company reserves the right to cease to supply the Services until the above sums have been paid.
If any amount is disputed by the Client, the Client shall inform the Company of the grounds for such dispute within 10 working days of the Invoice Date.
Payment details, including whether or not part payment will be required on commission, are detailed in the Schedule and Costs document. Payment shall be required in Sterling into the Company’s Current Account (as notified to the Client by the Company) before performance of the Services shall commence.
Clients are responsible for Incentive Monies (as defined in the Schedule and Costs document) until they have been handed to Respondents. The Company and its agents cannot be held responsible for the loss or theft of Incentive Monies.
Generally, Incentive Monies shall be paid direct to the Respondents by the Client. If the Client requires the Company to supply the Incentive Monies to the Respondents, a handling fee (which will be set out in the Schedule and Costs document) plus the costs of secure courier services shall be charged to the Client. Unless otherwise agreed in advance in writing, Incentive Monies must be paid in full into the Company’s Client Account before performance of the Services shall commence.
The Client shall be fully liable for all Venue Charges (as defined in the Schedule and Costs document). Viewing facilities will invoice the Client directly. Hotels require payment on departure. In the event of non-payment, all Venue Charges shall be added to the Client’s invoice and shall be subject to an additional 25% handling fee.
If the Client breaches any provisions of these Terms and Conditions, or if any distress or execution or other legal process shall be levied upon any of the Client’s property, goods or assets or if the Client shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or, being a limited company, the Client shall go into liquidation or suffer the appointment of a Receiver over its undertakings, property or assets or any part thereof, the Company shall be entitled immediately to terminate the Contract and without prejudice to its other rights hereunder recover from the Client all sums incurred in its performance of the Services.
The Company cannot be held liable for any theft of items from the Client by the Respondent(s). Similarly, the Company cannot be held liable for any loss of or damage to any item belonging to the Client while the Company is performing the Services unless as a direct result of proven negligence of the Company.
The Company cannot be held responsible for any damage to or theft from the Client’s office, howsoever caused, unless as a direct result of the proven negligence of the Company.
The Client shall be responsible for any loss, damage, sickness or injury caused by product pre or post placement. The Company cannot be held responsible for any loss, damage or theft of product pre or post placement during transit or at any stage during the trial of the item unless as a direct result of the proven negligence of the Company.
Where consumable products are placed with Respondents or are to be tested by Respondents, the Client is solely and entirely responsible for ensuring that such products are fit for human consumption and meet the necessary food hygiene requirements. The Client accepts full liability for any claim made as a result of product testing.
The Company shall not be required to handle pre placement tasks involving perishable goods or products requiring special care or treatment.
The Company shall not be responsible for any loss or damage arising from its failure to perform its obligations due to fires, floods, storms, Acts of God, riots, strikes, lock-outs, wars, terrorism or the threat of terrorism, Governmental control, restriction or prohibition whether local or national or any other causes whatsoever beyond the reasonable control of the Company.
Furthermore, the Company shall not be held responsible for the late arrival of Respondents to focus groups due to weather, traffic or public transport problems, terrorism or threat of terrorism or any other incident beyond its reasonable control.
The Client shall indemnify the Company from and against any and all claims arising from any personal injury or death of Respondents, Clients or their agents, affiliates, sub-contractors or any other persons in transit or at a venue or location including recruiter or hostess home, client offices, public buildings hotels or viewing facilities except insofar as such injury or death is proven to be directly attributable to the negligence of the Company.
In the unlikely circumstance of inaccurate or poor recruitment or turnout, the maximum liability of the Company to the Client will be the costs incurred directly in providing the Fieldwork. For the avoidance of doubt, this excludes all Venue Charges, Incentive Monies and any other costs not directly incurred by the Company in carrying out the Fieldwork. Venue Charges, Incentives Monies and all other associated costs shall be borne by the Client.
The Company’s primary aim when dealing with any problems is to work with the Client to ensure a positive outcome. In all cases the Company will seek to resolve complaints to the satisfaction of all parties. However, complaints must be made within 7 days of the occurrence or happening giving rise to complaint and provision of compensation of any form is at the sole discretion of the Company. In the case that a complaint is made after this time the Company shall be under no obligation to consider giving a cost discount, waiver of fees or other benefit to the Client.
The Company accepts no liability or responsibility for the quality of note takers supplied by a third party, employment agency, viewing facility or other organisation.
The Company cannot guarantee the security of emails, or when they will arrive. The Company shall not be responsible for any loss or damage caused by emails arriving late, or loss or damage caused by email security being broken.
Although great care is taken to ensure that the Company’s computer system is free from viruses, the Company cannot be held responsible for any loss or damage either to the Client or to the Client’s computer system caused by electronic communication with the Company.