Client Terms & Conditions
Definitions
“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 Recruitment for Research.
“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 depth 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
Recruitment for Research 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 allow the Client to contact respondents on
the respondent list to invite them to take part in another event or interview without the
Company’s express consent.
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 36 months of the date of termination of the Contract.
The Company is registered for the purposes of the Data Protection Act 2018 (“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. The company is also compliant with the UK
General Data Protection Regulation.
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.
CANDIDATES
To keep your personal information safe and secure within the Recruitment for Research database, we use secure technology and privacy protection programs. We may share your personal information to outsource or assist with a field service or operation, when necessary, but only under strict confidentiality restrictions. Third parties are not permitted to sell the information we provide to them, to market directly to you, or to disclose it in any other way without your explicit consent.
Your privacy is very important to us. Please read our Privacy Policy to understand how we use and protect your personal information. If you have additional questions about Recruitment for Research’s general privacy principles, please feel free to contact us.
OVERVIEW
By accepting this Privacy Policy, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. If you object to this use and disclosure, please do not register with us. The information collected by Recruitment for Research will be stored in a safe, confidential and secure environment. Recruitment for Research will never sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
THE INFORMATION WE COLLECT
Our primary goal in collecting personal information is to provide you with a safe, efficient, and personalised experience. Only personal information that we consider necessary for this purpose will be collected. You can browse our website without revealing your identity or any personal information. Once you give us your personal information, you are not anonymous to us. If you choose to sign up, we may require you to provide contact and identity information and other personal information as indicated on the forms throughout the website. Providing this information is optional.
HOW WE USE YOUR INFORMATION
The personal information we collect from you, as well as your current and past activities on the website, may be used to resolve disputes, provide participant support, troubleshoot problems and enforce our Terms of Participation. At times, we may analyse information from multiple users to identify problems or resolve disputes.
HOW WE DISCLOSE YOUR INFORMATION
As a matter of policy, Recruitment for Research will never sell or rent your personal information to third parties for their marketing purposes without your explicit consent. The following describes some of the ways that we may disclose your information.
External Service Providers.
There may be separate optional services offered by third parties that we may refer to as external service providers that may be complimentary to your use of the website (e.g. PayPal). If you choose to use these optional services, and while doing so, disclose information to these external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. Unless you provide your explicit consent, we do not disclose your personal information to external service providers. You can prevent our disclosure of your personally identifiable information to an external service provider by declining consent or simply choosing not to use their services. We do not control the privacy practices of these third parties; we encourage you to evaluate their practices before deciding to use their services.
LEGAL REQUESTS
Recruitment for Research co-operates with law enforcement enquiries, as well as other third parties, to enforce laws and third-party rights, such as intellectual property rights and laws relating to fraud. In response to a verified request by law enforcement or other government officials such as a Section 29 (3) Data Protection Act 1998 form relating to a criminal investigation or alleged illegal activity, or other activity that may expose us or you to legal liability, we can (and you authorise us to) disclose your personal information such as name, address, telephone number, email address and history, as we, in our sole discretion, believe necessary or appropriate.
DEACTIVATING YOUR ACCOUNT.
On request, we will deactivate your account, contact information and other information from our active databases. You can make this request by contacting us at research@recruitmentforresearch.com
NOTICE
We may amend this Privacy Policy from time to time so that it accurately reflects the regulatory environment and our own data collection and disclosure practices. All amended terms shall be effective automatically 30 days after they are initially posted on the website.
TERMS OF PARTICIPATION
By signing up to Recruitment for Research, you agree to the following:
At a face-to-face event you will be asked to sign a form, immediately prior to taking part in the session, that confirms receipt of your incentive and that the information you had previously given was honest and correct. In return, Recruitment for Research agree to the following:
Please note: Recruitment for Research cannot guarantee that joining the Consumer Directory will mean you get selected for any research event – but we can guarantee it is a step in the right direction!
In the event that you do not comply with these Terms of Participation, Recruitment for Research reserves the right to cancel your account and with it any rewards due to you.