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Except where expressly provided to the contrary in such quotations, all quotations provided and any work undertaken by Fieldwork International Ltd are subject to the following terms of business notwithstanding the provision by a client of any other terms or conditions or the purported application of any other terms and conditions by a client. In the case of any inconsistency or conflict between such other terms and conditions, these terms and conditions shall take precedence over such other terms and conditions except to the extent Fieldwork International Ltd and the client enter into an agreement in writing signed by both parties containing such inconsistent or conflicting terms.

Supply of service

Fieldwork International Ltd cannot guarantee immediate start on projects without advance booking notice. Where possible a minimum of one week’s commissioning notice should be provided.

Completed questionnaires and computer tapes / electronic or digital files / audio or video tapes, either originals or copies, may be retained by Fieldwork International Ltd. They will normally be destroyed six months after completion of the fieldwork. Research data resulting from a survey (tabulations or other analysis of results) will be kept for two years after completion of the fieldwork, either in paper or electronic format. Fieldwork International Healthcare Ltd may destroy questionnaires and/or data earlier than indicated above on giving not less than one month’s prior written notice.

Costs and payment

3.	Fieldwork International may add a handling fee of up to 20% to any individual incentive paid, whether by cash, cheque or voucher.
4.	Quotations and estimates are valid for two months from date of issue. Fieldwork International Healthcare Ltd reserves the right to revise quotations after this date. Providing a quotation does not constitute an agreement that Fieldwork International will undertake the project.
5.	Fieldwork International Ltd reserves the right to revise quotations or estimates or make additional charges in the event of: (a) Changes to timing; (b) Client delays in providing materials or necessary information; (c) Changes to interview length; (d) Changes to methodology; (e) Restrictive recruitment criteria or detailed quotas not stated when the estimate was provided; (f) Changes to materials after approval for proceeding has been given; or (g) Any other changes made during the course of project. All changes to the original field specification must be made in writing (e-mail, fax or letter). Both parties must agree any resulting revisions to the original quotation before changes will be implemented.
6.	(a) Quotations and estimates are based on values in Great Britain Pounds (GBP), but may be shown for reference in US Dollars (USD) or Euros (€). (b) Invoices are payable in GBP unless agreed otherwise in writing. Fieldwork International Healthcare reserves the right to revise quotations and invoiced amounts to reflect any changes where the currency to be invoiced changes in value by 2% or more against the GBP between the date of quotation and the date of completion. (c) Any further fluctuation in currency exchange rates between the date of completion and the date of receipt of settling payment will be borne by Fieldwork International unless the settling payment is not made by its due date as quoted on the invoice (normally not less than 28 days from invoice date).
7.	Estimates and quotations exclude value added tax and all other applicable taxes, which will be chargeable to clients and added to invoices as required by applicable legislation and regulation in the jurisdiction.
8.	Unless agreed otherwise in writing payment is due as follows: (a) 60% upon commissioning, 40% upon completion of fieldwork; or (b) For projects of up to £4,000, 100% upon commissioning.
9.	(a) The interim invoice of 60% must be paid within 7 days of the date of invoice. NB. Late payment could result in a delayed start to the work commissioned or a halt to any work in progress. (b) The final invoice of 40% must be paid within 28 days. Fieldwork International Healthcare Ltd reserves the right to charge interest at the rate of 2% per month commencing from date of invoice. (c) For projects of up to £4,000, 100% will be invoiced upon commissioning and must be paid within 7 days. (d) Fieldwork International Ltd reserves the right to charge interest at the rate of 2% per month commencing from date of invoice on any overdue invoices.
10.	Once a project is commissioned, if postponed or cancelled by the client or as a consequence of any reason beyond the reasonable control of Fieldwork International Ltd including, without limitation, adverse weather conditions, Fieldwork International Healthcare Ltd will charge for all costs incurred, any additional costs due to cancellation or postponement and a management postponement or cancellation charge. This may be up to 100% of the total project fee. Notice of any postponement or cancellations must be confirmed in writing immediately.
11.	The timelines quoted are estimates only. Fieldwork International Healthcare Ltd shall not be held liable for delays or other failure to perform its obligations occasioned by factors outside its control (including, by way of example only, postal or other communication delays, industrial disputes, fire or accident, governmental act, riots, armed conflict, war, terrorism (including threatened acts of terrorism) or natural catastrophe). Other factors unforeseen at the time of quotation could affect the timing of the project (eg. problems in locating minority samples, adverse weather conditions, etc.). Under these circumstances, Fieldwork International Healthcare Ltd will endeavour to meet the proposed time schedule, but shall not be held liable for such delays.

Codes of practice and data protection

12.

Fieldwork International Ltd contracts to observe the standard codes of conduct laid down by the British Market Research Society (MRS) and ESOMAR. In particular the articles governing client and respondent confidentiality, data protection and the use of research findings. In accepting a quotation from Fieldwork International Healthcare a client is deemed to agree to be bound by this professional code (as it may be amended from time to time) to the extent applicable to clients.

13.

Respondent confidentiality:

The following confidentiality terms are in accordance with the United Kingdom’s Data Protection Act 1998 and the MRS guidelines produced in relation to this Act.

(a) Fieldwork International Ltd may only release personal data relating to respondents (information relating to an identifiable, living person) if the respondents have been informed to whom (which company) this data will be given and for what purpose. This includes release of any documents (eg questionnaires) or recordings (audio, video or electronic) from which a respondent could be identified.

(b) When in receipt of material containing personal data, the client agrees not to:

release it to a third party e.g. the company who is ultimately commissioning the research (hereafter referred to as the “Commissioning Client”)

contact any of the respondents or enter their details into a database or contact list

use the material for any purpose other than for analysis of that particular market research project

unless explicit permission has been gained from Fieldwork International Healthcare and from the respondents themselves.

(c) Individuals from the client company may view or listen-in to interviews or focus groups provided that:
i) the respondents have been told the name of the company and agreed to this at the recruitment stage;
ii) they will treat the identity of respondents as confidential and will not disclose these to any other party;
iii) they will not use the information for any purpose other than for analysis of that particular market research project;
iv) they will not contact any of the respondents without the express permission of Fieldwork International Healthcare Ltd;

(d) Individuals from the Commissioning Client company may view or listen-in to interviews or focus groups provided that:
i) the respondents have been told the type of company attending (and the name of the company if asked) at the recruitment stage; and
ii) those viewing or listening-in have signed a “Client Confidentiality Declaration” in such form as Fieldwork International Healthcare Ltd may from time to time require

(e) All reasonable care should be taken over the security of personal data to prevent unauthorised or unlawful processing of this data, and to prevent accidental loss or destruction of, or damage to, this data.

(f) Should Fieldwork International Healthcare receive and use a list of contacts from the client for recruitment purposes, and should any of the respondents enquire about the source of the list, he/she has the right to be told.

(g)In all situations, all efforts should be made by the client to protect the identity of participating respondents.

(h)In providing information to Fieldwork International Ltd, the client warrants that it is complying with all applicable privacy, data protection and rules and regulations (including its own internal codes of conduct and any third party contracts) and shall indemnify and hold Fieldwork International Healthcare Ltd harmless against all costs and liabilities, including third party claims, in connection with the provision of any such information (including, without limitation, client lists and other personal information) and its use by Fieldwork International Healthcare Ltd.

14.

Interviewer/ moderator confidentiality

Interviewer and moderator names and contact details will not normally be made available to anyone not employed by Fieldwork International Healthcare Ltd. Such details may be released where it is necessary for a client to meet or speak with the interviewer or moderator but only under the following terms:

(a) During projects, any contact from clients towards interviewers or moderators must be approved and arranged through Fieldwork International Healthcare Ltd;

(b) No future contact (i.e. following the completion of a project) is made between the interviewers or moderators and the client without the express permission of Fieldwork International Healthcare Ltd; and

(c) No interviewer or moderator details will be passed on to any third party or other individuals without the written permission of Fieldwork International Healthcare Ltd.

Warranties and liabilities

15.

Except as expressly stated herein, Fieldwork International Healthcare Ltd makes no warranty regarding the services and disclaims any implied warranty, including any warranties of merchantability or fitness for a particular purpose even if Fieldwork International Healthcare Ltd has been made aware of such purpose. Fieldwork International Healthcare Ltd also makes no warranty that the services will be uninterrupted or error free. Fieldwork International Healthcare Ltd does not authorize anyone, including, but not limited to, Fieldwork International Healthcare Ltd agents or representatives, to make a warranty of any kind on its behalf and any such statements should not be relied on. Fieldwork International Healthcare Ltd shall not be liable with respect to any subject matter of any agreement to which these terms of business relate under any theory of liability including but not limited to contract, tort (including negligence) or otherwise for any indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of any agreement to which these terms of business relate or the use of or inability to use the services, including, but not limited to, loss of revenues, loss of profits, loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology. Neither party excludes or limits liability to the other party for death, personal injury or fraud. Subject thereto, the maximum liability of Fieldwork International Healthcare Ltd shall be limited to the total consideration received for the services to which such liability relates.

16.

The client agrees and acknowledges that Fieldwork International Healthcare Limited shall not be liable to the client, in contract tort or otherwise, for the content of the respondents’ information, statements and/or expressions of opinion gathered, collated and/or otherwise processed by Fieldwork International Healthcare pursuant to its performance of the Services.

17.

The client shall indemnify and hold harmless Fieldwork International Healthcare and its affiliates without limitation against all costs and liabilities, including third party claims, which may arise in consequence of:

(i) the following of any specific instructions of the client or the Commissioning Client;
(ii) the use or demonstration of any goods and services supplied by the client or the Commissioning Client for the purposes of the research project;
(iii) the client or Commissioning Client providing Fieldwork International Healthcare Ltd any information (including, without limitation, client lists, telephone numbers, and other personal information) for the purposes of the research project; or
(iv) the use of the deliverables by the client or the Commissioning Client other than in accordance with these terms.

The client shall provide (and shall procure that the Commissioning Client provides) such information and/ or take such actions as Fieldwork International Healthcare Ltd may require in relation to any circumstances which may give rise to any such costs and liabilities including, without limitation, disclosing the identity of the client and/or the Commissioning Client to third parties in relation to the research project, providing further research and development information in relation to the goods and services which are the subject of the research project (or similar goods and services) and taking on the conduct of any litigation or threatened litigation to the extent, in each case, required by Fieldwork International Healthcare Ltd. Fieldwork International Ltd shall be entitled to settle with a claimant as, in its sole discretion acting reasonably, it sees fit, in relation to any circumstances which may give rise to any such costs and liabilities and the client shall indemnify and hold harmless Fieldwork International Healthcare Ltd in relation to such settlement.

The contract

18.

These terms together with the relevant quote shall constitute the entire contract between Fieldwork International Healthcare Ltd and the client. No amendment shall be deemed to have been made to the contract unless made in writing by the party requesting the amendment and subsequently confirmed in writing by the other party and in which these terms are amended by express reference to them. Except to the extent stated in the quotation, either party may terminate a contract upon at least one (1) month’s prior written notice to the other party.

19.

This Agreement shall be governed by and construed in accordance with English laws and each party agrees to submit to the non-exclusive jurisdiction of the courts of England as regards any claim or matter arising under this Agreement.