

TERMS OF BUSINESS
Marketing Means is to be known hereafter as "the Company".
Codes of Conduct
- The Company abides by the Code of Conduct of the Market Research Society (MRS), and the European Society for Opinion and
Marketing Research (ESOMAR). Copies of these codes are available on request. The Client shall make available information as requested by the Company to ensure compliance and the Client warrants accuracy of any information supplied by the Client.
Data Protection
- The client warrants that where the Client has supplied or supplies the company with any information or material the use of such
information or material by the Company (whether in the UK or overseas) shall not be in contravention of the Data Protection Act 1984, or any other relevant legislation, laws, rules or regulations.
Quotations / Estimates
- Quotations are valid for 1 month from date of issue and, unless otherwise stated, assume the commencement of fieldwork within one month of commissioning. Should either period be exceeded, for any reason, the Company reserves the right to re-quote.
- All quotations are, where applicable, exclusive of Value Added Tax.
- If, at any time, the Client requests that any aspect of the project be changed, the Company reserves the right to re-quote. If, after commissioning a project, the Client is responsible directly or indirectly for any rearrangement, curtailment or cancellation, the Client shall be liable for all work incurred, costs incurred and any commitments made up to the time of receipt of formal notification from the client, including an appropriate proportion of profit.
- The Company bases its quotation upon information provided by the Client, and if this information is subsequently shown to be incorrect, the Company reserves the right to charge the Client for any resulting additional costs.
Fees
- The fees quoted are for the research design and services set out in the research specification any changes made at the Client’s request may result in additional fees. The latest quotation of cost will be regarded as the agreed fee, and will be invoiced as 50% on commissioning & 50% on completion of fieldwork.
- Payments are due by return of post. Amounts overdue by more than 28 days will be subject to an interest charge of 5% above base rate per month.
- The Company reserves the right to charge for additional unforeseen costs incurred as a result of statutory amendments to rates of pay, taxes and duties or other circumstances outside the control of the Company, e.g. war, civil disturbances, strikes or capricious behaviour of the authorities. If such increase exceeds 10% of the quotation, the Client within 7 days of receipt shall be entitled to cancel the project but shall be liable for all losses and or charges already committed or incurred.
- In the event that the performance of the project is rendered impossible or has to be deferred because of circumstances beyond the control of the Company as referred to in Clause 9, the Company (while having the right to act unilaterally) will endeavour to consult the Client as to whether the project should be cancelled, postponed or modified. If cancelled, the Company shall be entitled to be paid all fees and charges already committed or incurred; if postponed or modified, the Company shall be entitled to revise the quotation in which event the Client shall have 7 days in which to accept or reject such revised quotation.
Copyright & Ownership
- The Company undertakes not to disclose the Client's identity, the results of the project, or any information obtained in confidence regarding the business of the Client, without first obtaining the Client's approval. Similarly, respondents shall remain anonymous to the Client.
- Confidential research specification provided by the Client shall remain confidential to the Client. Similarly, proposals provided by the Company, when it receives neither the commission nor payment for the proposals, remain the property of the Company and their contents shall not be revealed to any third party or used by the Client.
- If proposals, recommendations or detailed specifications for the same project are being obtained from more than three research agencies, the Client undertakes to inform the Company, who reserve the right to make a nominal charge for the work involved.
- Completed records remain the property of the Company, who shall, without reference to the Client, be entitled to destroy them, one year after the end of the fieldwork. Within this period copies may be made available to the Client on request, at additional cost.
- Unless otherwise agreed, all reports, tabulations, questionnaires and other records provided by the Company remain the copyright of the Company. They are normally for use within the Client's organisation or those of its consultants, and only on the Client's business. The Client undertakes to inform the Company of any intended wider publication prior to release and to offer identification of the Company as the supplier of the work to be published. If specific details of the project are to be transferred externally by the client, then the Company must be informed and reserves the right to charge for its use elsewhere.
Accuracy
- The results and any recommendataions contained in the report are the result of careful analysis of the data and have been subject to
thorough checks. They are, to the best of the Company's knowledge, accurate but are subject to the usual "statistical norms and variables" applied to research of this nature. Further, as the results are just one factor to be taken into account by the Client they are intended only as an aid to the Client’s judgement. The Client accepts, save as provided by Paragraph 17, that the Company cannot be liable for the
consequences of any action based on the report or its interpretation.
- In the event an error caused by negligence or otherwise of the Company in any reports or tabulations supplied to the Client, the Company will
use its best endeavours to correct the error at its own expense but will not be held liable for the consequences of the error beyond the
provision of corrected reports and tabulations.
- In the event of any negligence by the Company which materially invalidates its research findings and/or any conclusions or interpretations,
the liability of the Company shall be limited to the fees paid to the Company and if the Client requires additional protection, the Client should
insure. The Company cannot be held liable for any failure in quoted timings and any loss or damage thereof resulting.
Acceptance of Terms
- Acceptance by the Client of the Company's quotation is deemed to include acceptance of these Terms of Business.
