West Coast Field Services Terms of Business
About these Terms and Conditions
Together with the quotation, these Terms of Business (Terms) form the entire agreement between West Coast Field Services (the research service provider) and our client. These Terms of Business should be read in full prior to commissioning. Where appropriate, these Terms of Business may be modified by mutual consent between West Coast Field Services personnel and the research client.
A copy of these terms can be obtained by contacting West Coast Field Services at firstname.lastname@example.org
The acceptance of our quotation constitutes an order for West Coast Field Services to undertake the project as outlined in the quotation document. These Terms of Business and the quotation constitute the entire agreement and supersede any prior negotiations, representations, understandings or arrangements made between West Coast Field Services and the research client in relation to the particular research project.
2. Quotes on Basis of Information provided.
The quotes for a project are based on the quoted survey duration, and incidence rates of the target survey sample. A variation in either the interview length or the actual incidence rates in the target community (by more than 5%) has the potential to materially affect costs, and we reserve the right to renegotiate the project costs. The accuracy of the quote for a project is relative to the information provided for costing.
3. Project management
Any significant communication that affects the fees, scope, content, or deliverables of the project should always be communicated in writing (e.g. by email).
4. Client input
West Coast Field Services relies on timely client delivery of materials and data files necessary for the preparation for or implementation of the project. As such, failure to achieve timely client feedback may have a detrimental impact on agreed deadlines and deliverables.
5. Fees and price quotations
Unless otherwise stated, all fees are quoted in Australian dollars. The quotation document will clearly indicate the GST exclusive cost, the amount of GST and the GST inclusive cost for each research project (or part thereof).
Price quotations in Australian dollars are valid for 90 days unless otherwise agreed in writing
6. Disbursements & Incentives
Whilst generally covered in the project quotation, any ADDITIONAL disbursements incurred in the course of the project including travel, accommodation, taxis, couriers, stimulus material, printing, venue hire, equipment hire and video production will be invoiced, in addition to the fees quoted.
Incentives provided by West Coast Field Services on behalf of the client must be paid in full prior to the commencement of the project, unless otherwise agreed. Provision of incentives attracts a 5% handling charge, unless otherwise agreed.
7. Invoicing and Credit Policy
For projects of more than $10,000 in value West Coast Field Services’ normal trading terms are to invoice progressively, based on an agreed schedule.
West Coast Field Services’ invoices are payable on 14 days.
Should the client default in payment of any monies due then all monies due to West Coast Field Services shall immediately become due and payable within 7 days of the date of demand, and West Coast Field Services shall be entitled to charge interest on all amounts not paid by the due date for payment and the client undertakes to pay interest charged. Such Interest shall be calculated on a daily basis from the due date for payment until West Coast Field Services receives payment at such rate, up to but not exceeding 2% per month.
Any expenses, costs or disbursements incurred by West Coast Field Services in recovering outstanding monies including agency fees and solicitors costs shall be paid by the client, providing that those fees do not exceed the scale of charges as charged by that debt collection agency/solicitor.
West Coast Field Services shall be entitled without notice to terminate any credit facility with the client in the event of the client defaulting in any of the terms and conditions contained herein.
In the case of a Trust company, we acknowledge that the Trustee shall be liable on the account and that in addition the assets of the trust shall be available to meet payment of the account.
These terms may be varied by mutual consent.
For invoicing enquiries please contact Rosemary on +61 (0)8 9316 3366.
8. Project postponement or cancellation
Unforeseen changes to the scope or project schedule made by the client may incur additional fees if time or expenses have already been incurred by West Coast Field Services.
In the event the project is cancelled or postponed by the client, West Coast Field Services reserves the right to invoice for all costs and executive time incurred on the project between commissioning and receipt of written notice (email is acceptable) of cancellation or postponement is received by West Coast Field Services.
9. Retention of records
Unless otherwise instructed, West Coast Field Services keep primary field materials (e.g. hard copy questionnaires) for one year after the completion of fieldwork. All research data (e.g. data files, final reports, presentations, etc) will be kept for a minimum of two years after the completion of the project.
Any respondent completed questionnaires or recordings that clients wish to view or retain will have personal identification of respondents removed before they are forwarded. Handling and forwarding costs associated with this may be invoiced as a disbursement.
If you have any constructive feedback, are unhappy with any level of service, or wish to register a complaint, please contact our quality manager on +61 (0)8 9316 2322 or by email email@example.com
West Coast Field Services operates under the Market and Social Research Privacy Code as approved by the Privacy Commissioner, and adheres to the Australian Market and Social Research Society’s Code of Professional Behaviour.
11.1 Respondent Confidentiality
Unless explicit permission has been given by individual respondents, respondent identity cannot be revealed to the research client under any circumstance.
Participants in groups/interviews will be asked to provide written consent for the group/interview to be recorded on the understanding that the recording is made solely for the purposes of undertaking the specific research project.
At no stage can/will these recordings be used for internal or external marketing purposes (by West Coast Field Services or by the research client).
If any member of the client organisation or associate recognises a participant while observing a group/interview (or a recording thereof), it is the responsibility of that individual to make the fact known and must immediately remove themselves form the viewing/ observation situation.
West Coast Field Services reserves the right to prohibit the distribution of recordings to client representatives, in order to protect respondent confidentiality.
11.2 Client confidentiality
The Brief, Specifications, and Research Data obtained during this (or any) project remain the property of the research client and will not be disclosed to a third party.
West Coast Field Services will not disclose any confidential information (including findings) relating to a client’s research project to a third party. This confidentiality remains in place throughout the duration of the project and after completion, unless express permission has been gained by West Coast Field Services, from the research client. These restrictions cease to apply to any confidential information which may (other than by default) become available to the public generally.
11.3 Our Confidentiality
Information disclosed by West Coast Field Services to research clients, either orally or in writing, is disclosed in confidence. All ideas expressed in proposals are provided in confidence and must not be disclosed to any third party without prior written consent from West Coast Field Services.
Any business intelligence or other information acquired by research clients while dealing with West Coast Field Services may not be disclosed to another third party or be used by the research client to West Coast Field Services’ detriment.
12. Intellectual property
In accordance with the AMSRS Code of Professional Behaviour, quotes prepared by West Coast Field Services remain the property of West Coast Field Services and are prepared purely for confidential use by the research client in considering submissions and thus commissioning research projects. The content and intellectual property may not be disclosed to any industry competitor or other third party without written permission from West Coast Field Services.
13.Limitation of liability
West Coast Field Services does not accept responsibility for the parameters of the project that are set by the research client. While West Coast Field Services accurately records Participants’ answers, to a level which exceeds the requirements of the current international standard, we do not verify, and are not responsible for verifying, that Participant’s answers are accurate, true, complete and not misleading beyond the current international standard.
Conditions and warranties implied by law which cannot be excluded apply, but only to the extent required by law. All other implied conditions, warranties and rights, including any implied by custom, usage or other circumstances are expressly excluded.
West Coast Field Services’ liability for breach of such warranties or conditions is limited to:
· the supplying of the services again; or
· the payment of the cost of having the services supplied again.
West Coast Field Services is not liable in respect of any indirect loss or consequential loss suffered (including, but not limited to, any loss of profit or business opportunity) by the research client.
West Coast Field Services’ total liability to the research client (and persons claiming through the research client) will not in any circumstances exceed the fees paid to West Coast Field Services by the research client, in connection to the project that has given rise to the liability. This limit applies irrespective of the number of claims or events (even if linked) giving rise to them.
West Coast Field Services is not liable to research clients for any consequences as a result of communicating with research clients by email including any interference with the email by a third party or any delay or non-delivery of the email.
West Coast Field Services will make all reasonable efforts to meet the project schedule set out in the quotation. However times specified are only approximate and not binding.
The contract between West Coast Field Services and the research client, its meaning and interpretation and the relationship between the parties are to be governed by the laws of the state of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
15. About West Coast Field Services
West Coast Field Services registered under A.C.N. 132 349 056 ABN 36 132 349. Registered company address of 1st Floor, 47 Kishorn Rd, Applecross, 6153. Western Australia. Postal address: PO Box 843a, Canning Bridge 6153 Western Australia. Telephone +61 (0)8 9316 3366. Fax: +61(0)8 9316 9117.
16. Industry information
Staff and management of West Coast Field Services are bound by, and comply with, the codes and guidelines of AMSRS and AMSRO.
Refer to www.amsrs.com.au/codes for more information on codes and guidelines of the Australian Market and Social Research Society.
Refer to www.amsro.com.au/codes for information on codes and guidelines adhered to by members of the Australian Market and Social Research Organisation.
17. Force Majeure
West Coast Field Services will carry out the project and deliver the results in accordance with the agreed terms and conditions of the project, but will not be liable for any delay or inability to complete the project as a consequence of an action or event substantially beyond West Coast Field Services’ control.