The Small Print
Terms & COnditions
TERMS & CONDITIONS
1. Contract Terms
· Acceptance by the Client (you) of any research Proposal from or authorisation given to Interrogator Limited (us) to provide project services (“Services”) shall mean that you have agreed to these contract conditions.
· You agree to supply all agreed documents, materials, necessary data or other information relating to the project specified in the Proposal within the time specified.
· The charges for our services are specified in the Proposal. Charges are based on your specific project requirements, the agreed timescale and any assumptions detailed in the Proposal. If the timescale, project objectives, requirements, research approach or underlying assumptions change in any material respect after the project is accepted we reserve the right to charge for any additional work. Stimulus materials or colour copies will be charged in addition. Quotations remain valid for two months.
· If charges exceed £10,000 we will invoice in two stages: 50% on acceptance with the balance plus any additional costs outstanding on completion of the project and/or report presentation.
· Payment of invoices is due within 30 days after the invoice date. We are entitled to charge interest on all outstanding sums thereafter at a rate of 5% a month calculated on a daily basis payable from the invoice date until the date of payment of the outstanding amount in full. If we bring legal action to collect any sums due we will be entitled to collect, in addition to all damages and interest, our costs of collection, including reasonable legal fees.
3. Product & Document Retention
· We may dispose of all materials supplied by you six months following completion of a project. We will keep all key documents, electronic copies of the research proposal, sample details, recruitment questionnaire, and debrief documentation, for one year from the date of the debrief presentation, after which they will be securely destroyed. Audio/video recordings and any paper, products and materials relating to your products will be securely destroyed after six months.
4. Intellectual Property, Confidentiality & Data Protection
· Copyright and all other intellectual property rights in any work produced by us during the provision of the services including (without limitation) any proposal, debrief documentation and any other materials whether (without limitation) vested, contingent or future shall belong to you subject to prior payment of all valid outstanding invoices.
· Any material or information supplied by one party to the other, and its use by the other, will not infringe the copyright or any other intellectual property rights of any third party. The party who supplied the infringing material or information will indemnify the other party against any loss, damages, costs, expenses or other claims arising from any such infringement.
· We will keep confidential and not disclose to any other person any information relating to your business or any trade secrets except in the proper performance of the services during or after the termination of a contract.
We comply and require all of our clients and suppliers to comply with GDPR Legislation as defined in our Data Protection Policy . In particular Interrogator Ltd will ensure that:
· Appropriate technical and organisational measures are used against unauthorised or unlawful processing, access, disclosure, copying, modification, storage, reproduction, display or distribution of Personal Data, and against accidental or unlawful loss, destruction, alteration, disclosure or damage of Personal Data including use of end to end encryption for storage and transfer of data, permission controls and password protected encrypted links.
· Where client customer data is being processed, you provide clear written instructions for processing, the legal basis for processing, and where necessary will confirm that a DPIA and/ or Legitimate Interests Assessment has been undertaken.
· Where we use recruiters as sub contractors we will explicity agree their use with you in writing and they will be subject to the terms of a GDPR compliant processor agreement.
· Respondents and potential respondents are aware of the purpose or purposes for which information is to be used and they have a choice as to whether to provide the information;
· A respondent is able to ask for confirmation of the source of their personal information;
· Personal information is not used in ways that would have adverse effects on individuals;
· Respondents are provided with easy to read and understand privacy notices when information is collected;
· Personal information will only be handled in ways that individuals would reasonably expect;
· We obtain respondents’ consent to use research materials including recordings and transcripts for the research purposes specified in our Proposal or otherwise expressly agreed or lawfully allowed.
· Consent will be freely given, specific, informed and unambiguous. Requests for consent will be separate from other terms, and be in clear and plain language. The individuals consent will be “explicit” where it relates to sensitive data. Interrogator Ltd is required to be able to demonstrate that consent was given. We therefore maintain records of respondents consent to meet the accountability requirements for both the profession and the requirements of the General Data Protection Regulation.
· Potential respondents will be given the opportunity to opt out of being contacted to participate in market research each time that such contact is made. Where the potential respondent has been supplied by a client, the client will be informed so that the client is able to comply with GDPR requirements to keep data and permissions up to date.
· The identity of personal records and data pertaining to persons who take part in projects are confidential information and will not be revealed to anybody not directly involved in the project and personal data collected will be pseudonymised at the earliest opportunity.
5. Dispute Resolution & Limitation of Legal Liability
· We shall attempt to settle any dispute by negotiation in good faith before resorting to legal proceedings and agree that (provided that we both consider that such negotiations would be assisted thereby) we will appoint a mediator by mutual agreement. We agree to co-operate fully with such mediator to provide such assistance as is necessary to enable the mediator to discharge his duties and to bear equally his fees and expenses.
· English law shall govern this agreement and we agree to the exclusive jurisdiction of the English courts.
· The entire liability of Interrogator in respect of any claim or series of connected claims under or in connection with the provision of the Services hereunder shall not exceed an amount equal to the charges. We shall in no event be liable to you for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims by any reason of breach of any contract term (express or implied), tort or otherwise including representation (unless fraudulent).
· These terms together with any proposal and proposal confirmation, constitute the entire agreement between us and supersede any previous agreements or understandings and all other terms, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
· You may stop any project by giving 30 days written notice at any time, although you agree to reimburse all expenses incurred prior to the date of termination. If you cancel or postpone any project giving less than 30 days‘notice you will be liable to repay any direct and indirect loss, expenses and costs incurred by us a consequence.
Interrogator Ltd Co Reg No: 3285838
Vat no: 699 2554 73