When commissioning Market Research Hub (Pty) Ltd to conduct work, the following contract conditions apply:
The project shall be deemed to be accepted when client signs a copy of the Summary of Work (SoW) that will be issued by Market Research Hub (Pty) Ltd.
It is the responsibility of the customer to ensure that the terms of the SoW is complete and accurate.
It is the responsibility of the customers to promptly provide Market Research Hub (Pty) Ltd with any information and materials in order to supply the services, and to co-operate with Market Research Hub (Pty) Ltd relating to the services.
No variation of the Contract shall be effective unless it is in writing and signed by both parties.
Market Research Hub (Pty) Ltd may subcontract any but not all of the Services to any one or more third parties. Market Research Hub (Pty) Ltd shall at all times remain liable to the Customer for the performance of any such subcontractors.
The contract conditions apply to the Contract to the exclusion of any other terms that the Customer wishes to incorporate, or which are implied by trade, custom, practice or course of dealing.
Any quotation given by Market Research Hub (Pty) Ltd is valid for 90 days from the date of submission. After that date, Market Research Hub (Pty) Ltd reserves the right to revise the quotation.
The fees quoted are for the research design and services as set out in the research specification; any changes made at the client’s request may result in additional fees.
On acceptance of the quotation, fees will be invoiced as follows: 50% on commission / 50% on completion. All quotations are provided in British Pounds Sterling and exclusive of VAT unless otherwise stated.
All invoices are due for settlement within 30 days of invoice date unless otherwise specified and agreed in advance. Invoices unpaid on expiry of the agreed period may be charged interest at 5% above bank base rate for each day outstanding. The Company reserves the right to vary the rate of interest charged.
Where the Customer is acting as agent for a third party end client, it enters into the Contract as principal and will be primarily liable for all payment due under the Contract.
Market Research Hub (Pty) Ltd may terminate the Contract with immediate effect by giving 14 days written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 10 days after being notified in writing to make such payment.
Market Research Hub (Pty) Ltd also reserves the right to withhold data and/or project results pending settlement of any outstanding invoices.
In the event of cancellation or postponement of a research project once commissioned, a fee may be charged by Market Research Hub (Pty) Ltd to cover the costs of all work undertaken and commitments made up to the time of receipt of formal notification from the client. The standard cancellation/postponement fees are as follows:
14 days’ notice from start of data collection – discretionary charge
8 – 13 days’ notice from start of data collection – 50% fee
7 days or less – 100% fee
The client shall indemnify Market Research Hub (Pty) Ltd against all costs and liabilities which may arise in consequence of the use or demonstration of any goods or services supplied by the client for the purposes of the research project.
Digital records of surveys may be retained by Market Research Hub (Pty) Ltd if it’s anonymised. Any data referencing names and contact details is encrypted and will be deleted within 6 months.
Any client or 3rdparty provided sample will be maintained in accordance with GDPR.
Each party shall comply with all applicable data protection legislation in relation to the Services.
In the event that a party requires the other party to process its personal data the parties shall enter into a separate written agreement, setting out all required details as well as each party’s obligations in respect of such data.
Unless otherwise specified in the SoW, the Deliverables shall not contain any personal data. The Customer (either directly or indirectly via a third party) shall not, and shall not attempt to, identify any individual using information contained in the Deliverables or in any other information or materials provided to it by Market Research Hub (Pty) Ltd.
In the event of an error caused by the negligence or otherwise of Market Research Hub (Pty) Ltd in any reports or tabulations supplied to the client, Market Research Hub (Pty) Ltd will use its best endeavours to correct the error at its own expense, but will not be held liable for the consequence of the error beyond the provision of corrected reports and tabulations.
If any research project carried out by Market Research Hub (Pty) Ltd involves the prediction of future sales, market shares or other aspect of consumer behaviour it must be recognised that such predictions, while made in good faith, are intended only as an aid to the client’s judgement and that Market Research Hub (Pty) Ltd cannot be held responsible for any damage or loss suffered by the client as a result of any error in such predictions.
Market Research Hub (Pty) Ltd will provide all aspects of our services in accordance with good industry standards, the applicable law, and co-operate with the customer in all matters relating to the service.
In the event of any dispute, reference may be made by Market Research Hub (Pty) Ltd and its client, jointly, to arbitration procedures.
Any complaint by the customer relating to the invoice must be notified by the customer to Market Research Hub (Pty) Ltd in writing within 14 days of the date of the invoice.
Any dispute regarding the terms of any contract is governed by the laws of England and Wales.
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