Terms & Conditions

A complete list of terms and conditions for each of our brands can be found below.

US Qualitative Terms & Conditions

THE CLIENT
For the purposes of this document “The Client’ refers to the company commissioning the project with Schlesinger Group [“The Company”].

BOOKING PROCEDURE
On verbal or written confirmation by The Client, The Company will send, by email, a confirmation letter and ‘Confirmation Details’ form to The Client delineating the data collection services commissioned [the “Services”].  Any discrepancies should be addressed immediately to the Client’s contact point/account manager.

PAYMENTS
a)     Invoices will be billed to The Client and settled in the currency of the quotation.  The Client will be liable for settlement for the Services unless otherwise agreed in writing at the time of confirmation.

b)     The Company reserves the right to demand payment from The Client of up to 100% of total projected costs in advance of the booking.

c)      The Company requests an advance payment to cover all respondent incentives. This payment is to be received at least 5 working days prior to the study. In the event the advance payment invoice is not paid prior to the study, on the final invoice, the Client will be charged a processing fee of 10% of the unpaid advance payment invoice, with a minimum charge of $100.

d)     A final invoice will be submitted to the Client upon the conclusion of the project.  Final invoices are due within 30 days unless otherwise agreed. Overdue invoices shall bear interest at 1% per month until paid in full.

e)      The Company reserves the right to reverse all discounts and/or rebates for the particular services, should a payment of an invoice be delinquent.

COLLECTION
In the event that The Client’s account is not paid in accordance with these payment terms by the due date, The Company shall be entitled to charge interest measured from the due date in the amount of 1% per month until the account is paid in full.

In the event that The Client’s account is in default and placed for collection, it is agreed that The Company will be entitled to collect all costs of collection, including reasonable attorney’s fees.

Unless otherwise agreed in writing between The Client and The Company,

  1. any dispute regarding any project governed by these terms and conditions shall be interpreted by the laws of the State of New Jersey.
  2. any legal action or proceeding filed in connection with any project governed by these terms and conditions shall be filed in the Superior Court of New Jersey, venue in Middlesex County.

AGENTS AND CONTRACTORS
Services may be sub-contracted by The Company, as required.  All quotations by The Company which are passed on must not be amended in any way.  Any commission or management fee must be presented separately from The Company costs.

BID EXPIRATION
The bid for Services is valid for 90 days from the date provided.

Cancellation and Postponement

SERVICES
In the event that a project is postponed or cancelled once the project date is confirmed, it is necessary to invoice The Client.  Charges will vary depending on location and partner and can impact all Services, including facility, recruiting, moderation, incentives, interpretation, translation, management fees, catering and technology services. If the Services are postponed, then charges may also vary depending on location and partner and may include rescheduling fees.

FACILITY RENTAL INCLUSIONS
Facility rental costs include a Qualitative Assistant, digital/Mp3 audio recordings, T1 connections and wireless T1 connections. Suites (conference room, viewing room and lounge) are available one hour before the start time of the first session and one hour after the last sessions’ end time unless otherwise arranged.

MULTI-CITY DISCOUNTS
A 5% discount to recruiting and facility rental only will be applied upon final invoicing when using two Schlesinger Locations.  The use of three or more Schlesinger locations yields a 10% discount.  Discounts are only applied when the same project is conducted in two or more Schlesinger locations within a 45-day time period.

RESPONDENT CANCELLATIONS
We maintain careful procedures to ensure that recruited respondents honor their commitment to attend your project. We respectfully request that the recruited respondents be treated fairly in the event that they must be cancelled due to The Client’s change in specifications (i.e. date, venue, qualifying criteria or other reasons).  Recruited respondents who must be cancelled within 48 hours of the study should be paid the full honorarium promised them.   If rescheduling respondents, additional fees will be applied.

STUDY SPECIFICATIONS
Costs, timing and feasibility submitted are based upon The Client specifications and changes to any of these specifications may result in a change in cost, timing or even feasibility.  Incidence has been estimated based on available information.  If project incidence falls below the estimated percentage stated in this quotation, The Company reserves the right to adjust costs or timing or even feasibility for the Services.

PRIVACY
No information regarding respondent personal information may be collected by The Client (“PII”). This includes, but is not limited to respondent’s name, contact information (email, phone, fax, street address, etc.) without written notice and approval from The Company.

CONFIDENTIAL INFORMATION
All information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) pursuant to this Agreement shall be deemed to be confidential information (“Confidential Information”).

Neither party shall use (other than for the performance of this Agreement) or disclose to any third party any Confidential Information of the other party; provided, however, this restriction will not apply to any Confidential Information that:

i.            is or becomes generally available to the public, not due to any fault of the Receiving Party,

ii.            is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information, or

iii.            is rightfully received by the Receiving Party from a third party without a duty of confidentiality.

Should a Receiving Party be requested to disclose Confidential Information of the Disclosing Party by a lawful judicial or governmental order or other legal compulsion, such Receiving Party shall immediately notify the Disclosing Party to permit the Disclosing Party to defend against any such order of disclosure, and the Receiving Party shall assist in such defense, at the Disclosing Party’s expense, to the extent permitted by law.

Should a Receiving Party be required under this Agreement to disclose Confidential Information of the Disclosing Party to third parties (other than disclosures by lawful, judicial or governmental order or other legal compulsion), the Receiving Party shall ensure that such third parties accept and abide by these duties of confidentiality and nondisclosure with respect to Confidential Information. This Section shall also apply to Confidential Information disclosed in connection with proposed services that are intended to be covered by this Agreement.

LIMITATION OF LIABILITY
a)     The Company shall not be liable for loss under any circumstances which include, but not exclusively, failure of electrical supply or other utilities, leakage of water, adverse weather conditions, industrial action, terrorism or any other reason beyond the control of The Company which may cause the Services to be cancelled or interrupted.

b)     If The Company is in breach of its obligations for any reason or terminates a confirmed booking of Services, The Company’s only liability is to return any advanced payments received for Services.

INDEMNITY
The Client shall indemnify The Company against any losses, damages, claims and expenses incurred in respect of the following, to the extent not caused as a direct result of the negligence of The Company or its employees:  Death or personal injury; Damage to the venue or any part of it; Damage to, loss or theft of any property.

INSURANCE
a)     The Client shall effect to maintain public liability insurance to a minimum cover of $2,000,000.

b)     The Client shall not do anything that might render void The Company insurance policy.

GENERAL TERMS AND CONDITIONS
With confirmation of Services, The Client agrees to our general terms and conditions on our website.

Global Qualitative Terms & Conditions

THE CLIENT
For the purposes of this document “The Client’ refers to the company commissioning the project with Schlesinger Group [“The Company”].

BOOKING PROCEDURE
On verbal or written confirmation by The Client, The Company will send, by email, a confirmation letter and ‘Confirmation Details’ form to The Client delineating the data collection services commissioned [the “Services”].  Any discrepancies should be addressed immediately to the Client’s contact point/account manager.

EXCHANGE RATE
The exchange rate is based on current rates in addition to accounting for bank and transfer fees associated with global qualitative projects. Final project price will be determined upon the rates at project confirmation. Pricing may need adjusting if the rate changes by +/- 2% before project invoicing.

VALUE ADDED TAX
In accordance with H.M Customs & Excise regulations, VAT is chargeable to all clients within the UK.  For facility rental only projects, we are required to charge VAT to non- EU clients.  (Services are deemed to be used at The Company and not exported).  For projects including participant recruitment we are not required to charge VAT to non EU clients.  For EU clients, no VAT is charged on the invoice, as liability for the payment of VAT is reversed to the recipient. Additional VAT stipulations may apply.

PAYMENTS
a)     Invoices will be billed to The Client and settled in the currency of the quotation.  The Client will be liable for settlement for the Services unless otherwise agreed in writing at the time of confirmation.

b)     The Company reserves the right to demand payment from The Client of up to 100% of total projected costs in advance of the booking.

c)      The Company requests an advance payment to cover all respondent incentives. This payment is to be received at least 5 working days prior to the study. In the event the advance payment invoice is not paid prior to the study, on the final invoice, the Client will be charged a processing fee of 10% of the unpaid advance payment invoice, with a minimum charge of $100.

d)     A final invoice will be submitted to the Client upon the conclusion of the project.  Final invoices are due within 30 days unless otherwise agreed. Overdue invoices shall bear interest at 1% per month until paid in full.

e)      The Company reserves the right to reverse all discounts and/or rebates for the particular services, should a payment of an invoice be delinquent.

COLLECTION
In the event that The Client’s account is not paid in accordance with these payment terms by the due date, The Company shall be entitled to charge interest measured from the due date in the amount of 1% per month until the account is paid in full.

In the event that The Client’s account is in default and placed for collection, it is agreed that The Company will be entitled to collect all costs of collection, including reasonable attorney’s fees.

Unless otherwise agreed in writing between The Client and The Company,

  1. any dispute regarding any project governed by these terms and conditions shall be interpreted by the laws of the State of New Jersey.
  2. any legal action or proceeding filed in connection with any project governed by these terms and conditions shall be filed in the Superior Court of New Jersey, venue in Middlesex County.

AGENTS & CONTRACTORS
Services may be sub-contracted by The Company, as required.  All quotations by The Company which are passed on must not be amended in any way.  Any commission or management fee must be presented separately from The Company costs.

BID EXPIRATION
The bid for Services is valid for 90 days from the date provided.

Cancellation and Postponement

SERVICES
In the event that a project is postponed or cancelled once the project date is confirmed, it is necessary to invoice The Client.  Charges will vary depending on location and partner and can impact all Services, including facility, recruiting, moderation, incentives, interpretation, translation, management fees, catering and technology services. If the Services are postponed, then charges may also vary depending on location and partner and may include rescheduling fees.

RESPONDENT CANCELLATION
We maintain careful procedures to ensure that recruited respondents honor their commitment to attend your project. We respectfully request that the recruited respondents be treated fairly in the event that they must be cancelled due to The Client’s change in specifications (i.e. date, venue, qualifying criteria or other reasons).  Recruited respondents who must be cancelled within 48 hours of the study should be paid the full honorarium promised them.   If rescheduling respondents, additional fees will be applied.

STUDY SPECIFICATIONS
Costs, timing and feasibility submitted are based upon The Client specifications and changes to any of these specifications may result in a change in cost, timing or even feasibility.  Incidence has been estimated based on available information.  If project incidence falls below the estimated percentage stated in this quotation, The Company reserves the right to adjust costs or timing or even feasibility for the Services.  Access to the research venue outside agreed hours will incur an additional hourly charge.

PRIVACY
No information regarding respondent personal information may be collected by The Client (“PII”). This includes, but is not limited to respondent’s name, contact information (email, phone, fax, street address, etc.) without written notice and approval from The Company.

CONFIDENTIAL INFORMATION
All information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) pursuant to this Agreement shall be deemed to be confidential information (“Confidential Information”).

Neither party shall use (other than for the performance of this Agreement) or disclose to any third party any Confidential Information of the other party; provided, however, this restriction will not apply to any Confidential Information that:

i. is or becomes generally available to the public, not due to any fault of the Receiving Party,

ii. is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information, or

iii. is rightfully received by the Receiving Party from a third party without a duty of confidentiality.

Should a Receiving Party be requested to disclose Confidential Information of the Disclosing Party by a lawful judicial or governmental order or other legal compulsion, such Receiving Party shall immediately notify the Disclosing Party to permit the Disclosing Party to defend against any such order of disclosure, and the Receiving Party shall assist in such defense, at the Disclosing Party’s expense, to the extent permitted by law.

Should a Receiving Party be required under this Agreement to disclose Confidential Information of the Disclosing Party to third parties (other than disclosures by lawful, judicial or governmental order or other legal compulsion), the Receiving Party shall ensure that such third parties accept and abide by these duties of confidentiality and nondisclosure with respect to Confidential Information. This Section shall also apply to Confidential Information disclosed in connection with proposed services that are intended to be covered by this Agreement.

LIMITATION OF LIABILITY
a)     The Company shall not be liable for loss under any circumstances which include, but not exclusively, failure of electrical supply or other utilities, leakage of water, adverse weather conditions, industrial action, terrorism or any other reason beyond the control of The Company which may cause the Services to be cancelled or interrupted.

b)     If The Company is in breach of its obligations for any reason or terminates a confirmed booking of Services, The Company’s only liability is to return any advanced payments received for Services.

INDEMNITY
The Client shall indemnify The Company against any losses, damages, claims and expenses incurred in respect of the following, to the extent not caused as a direct result of the negligence of The Company or its employees:  Death or personal injury; Damage to the venue or any part of it; Damage to, loss or theft of any property.

INSURANCE
a)     The Client shall effect to maintain public liability insurance to a minimum cover of $2,000,000.

b)     The Client shall not do anything that might render void The Company insurance policy.

GENERAL TERMS & CONDITIONS
With confirmation of Services, The Client agrees to our general terms and conditions on our website.

Schlesinger Quantitative Terms & Conditions

THE CLIENT
For the purposes of this document “The Client’ refers to the company commissioning the project with Schlesinger Quantitative [“The Company”].

BOOKING PROCEDURE
On verbal or written confirmation by The Client, The Company will send, by email, a confirmation letter and ‘Confirmation Details’ form to The Client delineating the data collection services commissioned [the “Services”].  Any discrepancies should be addressed immediately to the Client’s contact point/account manager.

EXCHANGE RATE
We have assumed the exchange rate based on today’s current rate and the final project price will be determined upon the rates at project confirmation.  Pricing may need adjusting if the rate changes by +/- 2% before project invoicing.

PAYMENTS
a)  Invoices will be billed to The Client and settled in the currency of the quotation.  The Client will be liable for settlement for the Services unless otherwise agreed in writing at the time of confirmation.

b)  The Company reserves the right to demand payment from The Client of up to 100% of total projected costs in advance of the booking.

c)  The Company requests an advance payment to cover all respondent incentives. This payment is to be received at least 5 working days prior to the study. In the event the advance payment invoice is not paid prior to the study, on the final invoice, the Client will be charged a processing fee of 10% of the unpaid advance payment invoice, with a minimum charge of $100.

d)  A final invoice will be submitted to the Client upon the conclusion of the project.  Final invoices are due within 30 days unless otherwise agreed. Overdue invoices shall bear interest at 1% per month until paid in full.

e)  The Company reserves the right to reverse all discounts and/or rebates for the particular services, should a payment of an invoice be delinquent.

COLLECTION
In the event that The Client’s account is not paid in accordance with these payment terms by the due date, The Company shall be entitled to charge interest measured from the due date in the amount of 1% per month until the account is paid in full.

In the event that The Client’s account is in default and placed for collection, it is agreed that The Company will be entitled to collect all costs of collection, including reasonable attorney’s fees.

Unless otherwise agreed in writing between The Client and The Company,

  1. any dispute regarding any project governed by these terms and conditions shall be interpreted by the laws of the State of New Jersey.
  2. any legal action or proceeding filed in connection with any project governed by these terms and conditions shall be filed in the Superior Court of New Jersey, venue in Middlesex County.

AGENTS & CONTRACTORS
Services may be sub-contracted by The Company, as required.  All quotations by The Company which are passed on must not be amended in any way.  Any commission or management fee must be presented separately from The Company costs.

BID EXPIRATION
The bid for Services is valid for 90 days from the date provided.

Cancellation and Postponement

SERVICES
In the event that a project is postponed or cancelled once the project date is confirmed, it is necessary to invoice The Client.  Charges will vary depending on location and partner and can impact all Services, including facility, recruiting, moderation, incentives, interpretation, translation, management fees, catering and technology services. If the Services are postponed, then charges may also vary depending on location and partner and may include rescheduling fees.

RESPONDENT CANCELLATIONS
We maintain careful procedures to ensure that recruited respondents honor their commitment to attend your project. We respectfully request that the recruited respondents be treated fairly in the event that they must be cancelled due to The Client’s change in specifications (i.e. date, venue, qualifying criteria or other reasons). Recruited respondents who must be cancelled within 48 hours of the study should be paid the full honorarium promised them. If rescheduling respondents, additional fees will be applied.

STUDY SPECIFICATIONS
Costs, timing and feasibility submitted are based upon The Client specifications and changes to any of these specifications may result in a change in cost, timing or even feasibility. Incidence has been estimated based on available information. If project incidence falls below the estimated percentage stated in this quotation, The Company reserves the right to adjust costs or timing or even feasibility for the Services.

Programming errors as a result of client programming are the responsibility of the client and recruiting fees and honoraria will be charged in addition to the quoted project price.

If incidence rate should fall 20% or more below what is quoted in this proposal, feasibility may be affected and a pricing and timing adjustment may apply.

Programming complexity is the key driver of programming cost and will be evaluated prior to the start of programming on the study.  Price will be adjusted for differences between survey complexity quoted and the actual complexity.  The final survey will be provided in Microsoft Word or compatible format prior to the start of programming. Any cosmetic or text changes that exceed 20% of the survey after programming has commenced will be subject to an additional charge based on the amount of time required to implement these changes.

All costs & timings are conditional and may change if final requirements fluctuate materially from those provided in this quote, length of interview, including methodology, the addition of screening criteria, additional quotas, additional geographies or other previously unidentified restrictive specifications.  The addition of client lists or poor quality/unproductive client lists may add to costs and timing.

Because the actual Recruitment and Honoraria Fees cannot be calculated prior to the completion of the Services and depend on, among other things, Client’s timely closing of the Survey once the target number of completed interviews has been achieved, the Total Fees are an estimate only – actual Recruitment and Honoraria Fees may vary.  Hard quotas required for all projects.

SCREENER
For Health Care surveys, a screener (the last question where respondents can potential disqualify based on their responses) longer than 12 questions is subject to additional costs for respondent honoraria depending on time, specialty, and geography.

PROGRAMMING & HOSTING
When applicable, Schlesinger Quantitative will be responsible for programming and hosting of the survey, quota management, providing sample recruitment, and incentive fulfillment unless stated otherwise. The Client will be responsible for providing a final survey in Word format and any study analysis or reporting.

REDIRECTS
When applicable, Schlesinger Quantitative will be responsible for providing sample recruitment and incentive fulfillment only unless stated otherwise. Client will be responsible for programming and hosting, implementing redirects and quota(s), quota management, collecting data, returning the unique URL identifiers, and data analysis.

PROGRAMMING
When quoted, these costs are estimated and subject to change based upon the final questionnaire design, complexity, and overall survey length. The final price will be provided upon receipt of the finalized survey instrument and requirements.

COMPLETION RATES
Costs per completed interview include a suspend rate of up to 15%. If the suspend rate exceeds 15% for any reason, the costs are subject to change and the feasibility and/or timeline may be impacted.

CLIENT SUPPLIED SAMPLE
Written approval will be required by the client if Schlesinger Quantitative is requested to contact respondents directly via email. The approval will include how, when and for what purpose the list was recruited. The invitation to the respondent will include information about how the list was obtained and will also include a survey opt-out link so that respondents can be removed from the provided list.

QUOTAS & OVERAGES
For Schlesinger Quantitative hosted surveys, the client will be responsible for payment of the total number of completed interviews and up to 10% of the over quota completed interviews (including both the cost and honorarium). For over quota completes which exceed 10% of total completes, the client will only be responsible for paying honoraria for all over quota completed interviews. Schlesinger Quantitative will make every effort to control the overall total and individual quotas. However, due to the technical restrictions of online data collection, some overages may occur.

For client- hosted surveys, including surveys hosted by third party who are commissioned by the client, the client is fully responsible for controlling all quotas and will be charged for all over -quota completed interviews (including both the cost and honorarium).

DUPLICATIONS
The client (or third party commissioned by the client) is fully responsible for removing or disqualifying any duplicate respondents during the screening process and prior to survey qualification, when the client is hosting an online survey and Schlesinger Interactive is providing sample. The client will be responsible for payment of the total number of completed interviews and all over quota completed interviews (including both the cost and honorarium).

DATA QUALITY STANDARDS
Schlesinger Quantitative utilizes rigorous respondent recruiting and panel management processes. We carefully monitor respondent behaviors internally and disqualify respondents that are deemed unengaged. Schlesinger Quantitative Data Quality Standards can be found here. If the client desires to utilize their proprietary disqualification criteria, it must be provided to and agreed by Schlesinger Quantitative upon project initiation.

TRANSLATIONS
Cost for the translation of the open-ended questions is an estimate based on an average number of words (10 words per open-end). The actual number of words translated may increase or decrease the cost.

Translation cost of the questionnaire or discussion guide is estimated to be at 150 words per minute. This may increase or decrease based on the actual number of words translated. A minimum fee of $100 per translation change will be implemented for changes after translations have commenced.

PRIVACY
No information regarding respondent personal information may be collected by The Client (“PII”). This includes, but is not limited to respondent’s name, contact information (email, phone, fax, street address, etc.) without written notice and approval from The Company.

CONFIDENTIAL INFORMATION
All information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) pursuant to this Agreement shall be deemed to be confidential information (“Confidential Information”).

Neither party shall use (other than for the performance of this Agreement) or disclose to any third party any Confidential Information of the other party; provided, however, this restriction will not apply to any Confidential Information that:

i.  is or becomes generally available to the public, not due to any fault of the Receiving Party,

ii. is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information, or

iii.  is rightfully received by the Receiving Party from a third party without a duty of confidentiality.

Should a Receiving Party be requested to disclose Confidential Information of the Disclosing Party by a lawful judicial or governmental order or other legal compulsion, such Receiving Party shall immediately notify the Disclosing Party to permit the Disclosing Party to defend against any such order of disclosure, and the Receiving Party shall assist in such defense, at the Disclosing Party’s expense, to the extent permitted by law.

Should a Receiving Party be required under this Agreement to disclose Confidential Information of the Disclosing Party to third parties (other than disclosures by lawful, judicial or governmental order or other legal compulsion), the Receiving Party shall ensure that such third parties accept and abide by these duties of confidentiality and nondisclosure with respect to Confidential Information. This Section shall also apply to Confidential Information disclosed in connection with proposed services that are intended to be covered by this Agreement.

LIMITATION OF LIABILITY
a)     The Company shall not be liable for loss under any circumstances which include, but not exclusively, failure of electrical supply or other utilities, leakage of water, adverse weather conditions, industrial action, terrorism or any other reason beyond the control of The Company which may cause the Services to be cancelled or interrupted.

b)     If The Company is in breach of its obligations for any reason or terminates a confirmed booking of Services, The Company’s only liability is to return any advanced payments received for Services.

INDEMNITY
The Client shall indemnify The Company against any losses, damages, claims and expenses incurred in respect of the following, to the extent not caused as a direct result of the negligence of The Company or its employees:  Death or personal injury; Damage to the venue or any part of it; Damage to, loss or theft of any property.

INSURANCE
a)     The Client shall effect to maintain public liability insurance to a minimum cover of $2,000,000.

b)     The Client shall not do anything that might render void The Company insurance policy.

GENERAL TERMS & CONDITIONS
With confirmation of Services, The Client agrees to our general terms and conditions on our website.

The Research House Terms & Conditions

THE CLIENT
For the purposes of this document “The Client’ refers to the company commissioning the project with The Research House [“The Company”].

BOOKING PROCEDURE
On verbal or written confirmation by The Client, The Company will send, by email, a confirmation letter and ‘Confirmation Details’ form to The Client delineating the data collection services commissioned [the “Services”].  Any discrepancies should be addressed immediately to the Client’s contact point/account manager.

EXCHANGE RATE
We have assumed the exchange rate based on today’s current rate and the final project price will be determined upon the rates at project confirmation.  Pricing may need adjusting if the rate changes by +/- 2% before project invoicing.

VALUE ADDED TAX
In accordance with H.M Customs & Excise regulations, VAT is chargeable to all clients within the UK.  For facility rental only projects, we are required to charge VAT to non- EU clients.  (Services are deemed to be used at The Company and not exported).  For projects including participant recruitment we are not required to charge VAT to non EU clients.  For EU clients, no VAT is charged on the invoice, as liability for the payment of VAT is reversed to the recipient.

PAYMENTS
a)     Invoices will be billed to The Client and settled in the currency of the quotation.  The Client will be liable for settlement for the Services unless otherwise agreed in writing at the time of confirmation.

b)     The Company reserves the right to demand payment from The Client of up to 100% of total projected costs in advance of the booking.

c)      The Company requests an advance payment to cover all respondent incentives. This payment is to be received at least 5 working days prior to the study. In the event the advance payment invoice is not paid prior to the study, on the final invoice, the Client will be charged a processing fee of 10% of the unpaid advance payment invoice, with a minimum charge of $100.

d)     A final invoice will be submitted to the Client upon the conclusion of the project.  Final invoices are due within 30 days unless otherwise agreed. Overdue invoices shall bear interest at 1% per month until paid in full.

e)      The Company reserves the right to reverse all discounts and/or rebates for the particular services, should a payment of an invoice be delinquent.

COLLECTION
In the event that The Client’s account is not paid in accordance with these payment terms by the due date, The Company shall be entitled to charge interest measured from the due date in the amount of 1% per month until the account is paid in full.

In the event that The Client’s account is in default and placed for collection, it is agreed that The Company will be entitled to collect all costs of collection, including reasonable attorney’s fees.

Unless otherwise agreed in writing between The Client and The Company,

  1. any dispute regarding any project governed by these terms and conditions shall be interpreted by the laws of the State of New Jersey.
  2. any legal action or proceeding filed in connection with any project governed by these terms and conditions shall be filed in the Superior Court of New Jersey, venue in Middlesex County.

AGENTS & CONTRACTORS
Services may be sub-contracted by The Company, as required.  All quotations by The Company which are passed on must not be amended in any way.  Any commission or management fee must be presented separately from The Company costs.

BID EXPIRATION
The bid for Services is valid for 90 days from the date provided.

Cancellation and Postponement

SERVICES
In the event that a project is postponed or cancelled once the project date is confirmed, it is necessary to invoice The Client.  Charges will vary depending on location and partner and can impact all Services, including facility, recruiting, moderation, incentives, interpretation, translation, management fees, catering and technology services. If the Services are postponed, then charges may also vary depending on location and partner and may include rescheduling fees.

FACILITY RENTAL INCLUSIONS
Facility rental costs include a Qualitative Assistant, digital/Mp3 audio recordings, T1 connections and wireless T1 connections. Suites (conference room, viewing room and lounge) are available one hour before the start time of the first session and one hour after the last sessions’ end time unless otherwise arranged.

RESPONDENT CANCELLATIONS
We maintain careful procedures to ensure that recruited respondents honor their commitment to attend your project. We respectfully request that the recruited respondents be treated fairly in the event that they must be cancelled due to The Client’s change in specifications (i.e. date, venue, qualifying criteria or other reasons).  Recruited respondents who must be cancelled within 48 hours of the study should be paid the full honorarium promised them.   If rescheduling respondents, additional fees will be applied.

STUDY SPECIFICATIONS
Costs, timing and feasibility submitted are based upon The Client specifications and changes to any of these specifications may result in a change in cost, timing or even feasibility.  Incidence has been estimated based on available information.  If project incidence falls below the estimated percentage stated in this quotation, The Company reserves the right to adjust costs or timing or even feasibility for the Services.

PRIVACY
No information regarding respondent personal information may be collected by The Client (“PII”). This includes, but is not limited to respondent’s name, contact information (email, phone, fax, street address, etc.) without written notice and approval from The Company.

CONFIDENTIAL INFORMATION
All information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) pursuant to this Agreement shall be deemed to be confidential information (“Confidential Information”).

Neither party shall use (other than for the performance of this Agreement) or disclose to any third party any Confidential Information of the other party; provided, however, this restriction will not apply to any Confidential Information that:

i. is or becomes generally available to the public, not due to any fault of the Receiving Party,

ii. is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information, or

iii. is rightfully received by the Receiving Party from a third party without a duty of confidentiality.

Should a Receiving Party be requested to disclose Confidential Information of the Disclosing Party by a lawful judicial or governmental order or other legal compulsion, such Receiving Party shall immediately notify the Disclosing Party to permit the Disclosing Party to defend against any such order of disclosure, and the Receiving Party shall assist in such defense, at the Disclosing Party’s expense, to the extent permitted by law.

Should a Receiving Party be required under this Agreement to disclose Confidential Information of the Disclosing Party to third parties (other than disclosures by lawful, judicial or governmental order or other legal compulsion), the Receiving Party shall ensure that such third parties accept and abide by these duties of confidentiality and nondisclosure with respect to Confidential Information. This Section shall also apply to Confidential Information disclosed in connection with proposed services that are intended to be covered by this Agreement.

LIMITATION OF LIABILITY
a)     The Company shall not be liable for loss under any circumstances which include, but not exclusively, failure of electrical supply or other utilities, leakage of water, adverse weather conditions, industrial action, terrorism or any other reason beyond the control of The Company which may cause the Services to be cancelled or interrupted.

b)     If The Company is in breach of its obligations for any reason or terminates a confirmed booking of Services, The Company’s only liability is to return any advanced payments received for Services.

INDEMNITY
The Client shall indemnify The Company against any losses, damages, claims and expenses incurred in respect of the following, to the extent not caused as a direct result of the negligence of The Company or its employees:  Death or personal injury; Damage to the venue or any part of it; Damage to, loss or theft of any property.

INSURANCE
a)     The Client shall effect to maintain public liability insurance to a minimum cover of $2,000,000.

b)     The Client shall not do anything that might render void The Company insurance policy.

GENERAL TERMS & CONDITIONS
With confirmation of Services, The Client agrees to our general terms and conditions on our website.

ConsuMed Research Terms & Conditions

PREAMBLE

These terms and conditions rule the relationships between ConsuMed Research (hereinafter « ConsuMed », simplified public limited company with a capital of 70.000 €, whose head office is at Building C – 10 rue Mercoeur – 75011 Paris, Register of companies Paris B 452 078 962) and its clients (hereinafter the Client).
These terms and conditions supplement any special conditions that would be stated at the Travel Order accepted by ConsuMed. They prevail over any document from the Client, unless express and written acceptance from ConsuMed.

In case of any contradiction between these terms and conditions and special conditions accepted by ConsuMed, the latter will prevail and will be interpreted according to the terms and conditions.
Any order entails full adherence without any reservation from the Client to these terms and conditions.
To be effective, any exemption to the terms and conditions will need to have been previously accepted by ConsuMed, expressly and in writing.

The fact that ConsuMed doesn’t claim at some point one of the provisions from these terms and conditions cannot be interpreted as a waiver to such a provision at a later stage.

Article 1 Definitions

Estimate: Any estimate or proposal produced by ConsuMed based on requests from the Client
Travel Order: Any order from the Client, related to services and products provided by ConsuMed and accepted by ConsuMed. The Travel Order acts as an order from the Client
Client: Any natural or legal person giving the Travel Order
Respondent: Any natural or legal person from whom information are collected as part of a market research.

Article 2 Scope of the project

ConsuMed provides the Client, who accepts, with the study services defined in the Travel Order, in particular according to the costs stated in the Travel Order and as per these terms and conditions.

The mission designation defined in the Travel Order is limiting. Any study or work that would not be expressly planned in the Travel Order will lead to an additional offer from ConsuMed and will be billed as extra costs from the fixed price stated for the project.

Article 3 Order process

The Client sends ConsuMed a Travel Order outlining any quantitative specifications (number of requested persons, market research type, target and scope, …), location(s) of the project, expected period for achievement of the project, materials or means provided by the Client or those that need to be provided by ConsuMed, language used and potentially requested translations and more generally, any information enabling ConsuMed to produce an estimate.

If these items are not fully provided, ConsuMed can ask the Client about any additional information needed to assess the project and produce an estimate.

The estimate is created by ConsuMed on the basis of the only items given by the Client and/or stated at the mission proposal. It especially includes, depending on the project specifications, the different costs for the services, the running costs and recruitment costs… For studies taking place in Passerelles studios, audio and video files will be sent via a link within 24 hours after completion of the IDIs/groups. The timeline may rise to 48 hours for other facilities and for in-field interviews.

When applicable, the estimate states the project limits as well as the steps that may lead to the confirmation of the rest of the project depending on the results having been reached or noticed.

The cost of some services (in particular translation costs) is indicative and will be reassessed according to the final amount.

The estimate can be limited at 6 months in terms of validity.

The Client needs to validate the estimate produced by ConsuMed by accepting it in writing. This validation then constitutes a Travel Order. This is also the case for any mission request produced by the Client and confirmed by ConsuMed. Sending a confirmation letter or study material following the estimate given by ConsuMed is equal to a confirmation from the Client.

The Travel Order definitively commits the Client to pay the project cost, under the reservations sated below.

Article 4 Project modification

4.1. Project modification before the beginning
Any project modification requested by the Client before the beginning only can be taken into account if it is stated in writing by the Client before ConsuMed launches its services and before respondent recruitment, it also has to be accepted in writing by ConsuMed.

ConsuMed can produce an additional estimate to take into account any modification request. Modifications requested by the Client will then be considered as accepted only when the Client will have sent the signed additional estimate.

In case of refusal from ConsuMed of the modifications requested by the Client, and if the latter asks for the project to be cancelled, Article 15 dispositions will then be applicable.

4.2. Project modification during the mission
Any modification requested during the mission will only be taken into account if the Client sends a written request and validates in writing the additional estimate from ConsuMed.

This estimate will include items subject to modification, including running and recruitment costs that the Client will then need to pay, apart from the price items that will have more or less impact on the price stated at the Travel Order.

4.3. Consequences of modifications requested by the Client
In case of any modification requested by the Client, ConsuMed will not be held responsible of any increasing period for achievement of the project that will result thereof. ConsuMed will indicate to the Client the new achievement periods that will then need to be taken into account.

4.4. Project modification notified by ConsuMed
If during the Mission, it seems that because of reasons external to ConsuMed or as part of the transitional steps planned in the estimate, part of the project cannot be executed according to agreed specifications, ConsuMed will need to advise the Client in writing, and offer him if possible, alternative measures that can be taken and that are compatible with the objectives and agreed period of the project or by indicating to the Client the impossibility to substitute an effective measure to the part no longer achievable.

The Client will then need to let ConsuMed know, in writing, and within the next 3 business days, if the Mission has to be interrupted or not. Failing this, the mission will continue only for the achievable part, and if applicable, taking into account the alternative measures offered by ConsuMed. In case of project cancellation from the Client, following the impossibility to execute an essential part, for reasons external to ConsuMed or because of an assessment carried out after a transitional step initially planned, ConsuMed will charge the Client for the only study costs induced at the cancelation date.

Article 5 Project execution

ConsuMed executes the Mission according to the provisions agreed in the Travel Order.

ConsuMed carries out the Mission with any required diligence and a high degree of professional skills, according to the profession standards and to the means stated between the parties for achievement of the project.

Except any specifications outlined in the estimate, ConsuMed alone is to ascertain the means and methodologies implemented to execute the project and will be able, without any specific agreement from the Client, to partially outsource the project execution. ConsuMed will then be liable with regard to the Client, for any services from the subcontractors for which it will directly pay all costs, unless noted otherwise in the request from the client. The subcontractor’s identity can be communicated to the Client if the latter asks.

ConsuMed strictly adheres to the professional codes of conduct and is also member of Syntec (www.syntec.fr), ASOCS (www.asocs.org), Esomar (www.esomar.org) and EphMRA (www.ephmra.org).

ConsuMed also abides to the standards ISO 9001 (2008 version) and 20252 (2012 version).

ConsuMed is only bound to a best endeavors obligation, according to the express convention between both parties.

ConsuMed commits to implement adapted means for a good execution of the project, within the limits defined in the Travel Order.

Article 6 Execution period

The execution period of the project is specified in the Travel Order. ConsuMed shall implement all possible measures in order to achieve the project in the agreed time period. However, in case of any event that can have an impact on the agreed time period, ConsuMed will inform the Client indicating the new time period resulting thereof. ConsuMed’s liability because of exceeding the time period will only be committed in case of a demonstrated failure from ConsuMed and after unsuccessful formal notice.

Article 7 Creation of respondent lists

The creation of respondent list is set up in accordance with the project specifications.

Participant recruitment is carried out by ConsuMed, unless stated otherwise in the Travel Order.

ConsuMed organizes relationships with respondent according to the profession standards and in accordance with laws and regulations.

Unless otherwise specified in the Travel Order, Respondent’s personal data are strictly confidential and if they are collected by ConsuMed, this is only for internal use. ConsuMed assures the respondents that their identity will not be disclosed.

If, exceptionally, the Client wants to collect respondent identification data, this has to be mentioned in the Travel Order ; In that case, ConsuMed, when collecting the respondent’s agreement, will also collect the respondent’s agreement with regards to the communication of its personal data to the Client. In that case, the Client will be liable with regard to the respondents for respecting any applicable regulations in relation to the protection of personal data and will assure ConsuMed of its entire liability in this respect.

In case of any respondent’s personal data being forwarded in the above conditions, the Client commits not to disclose any data to any third party and to only use these data as part of the market research for which they have been collected, the Client will also not recontact any respondent whose data were transmitted for any other purpose.

Article 8 Study delivery

When the mission is completed, Consumed gives the study results to the Client, in the specific format stated in the Travel Order.

The Client should specify any observation or remark about the given results within a period of 30 calendar days from the day of the study delivery.

Beyond this period, the study will be, based on the agreement between both parties, deemed consistent with the Travel Order specifications.

Consumed commits to provide the Client, in case of any comment from the latter, with any useful explanation about the study results and execution as well as the methodology used.
If it appears that some parts of the study are not compliant with the Travel Order provisions, Consumed commits to redo the relevant study parts. Consumed commits to store data and information that have been forwarded by the Client or resulting from the study on a secured system, protected by a personalized username and password, a firewall and antiviral protecting the entire Consumed system.

If some study results are communicated to the Client by giving them access to the relevant files, via username and password, the Client commits to ensure the safety and confidentiality of this password and username and to use them only to collect the study results. It is assumed that every use of the Client username and password is done by the latter.
Consumed shall store for 2 years, from the date of study delivery to the Client, all elements that have been used to execute the study.
Except any particular note in the Travel Order, Consumed provides the Client with unprocessed results; the latter will then be in charge of the analysis of these results.

Article 9 Client’s Obligations

The Client cooperates with ConsuMed to the successful realization of the project and provides ConsuMed with the tools agreed upon for its implementation. He will provide ConsuMed with any necessary document, information and/or product for the realization of the project set out in the Travel Order.

In the hypothesis where, for the purposes of realizing the project, the Client trusts ConsuMed with materials or products, the Client agrees to:

  • Provide materials in compliance with all applicable laws and regulations;
  • Provide ConsuMed with any information associated with product safety as well as transport, storage and usage conditions;
  • Assume responsibility for damage and theft insurances;

The Client agrees to provide data or documents (images, texts, videos, audio footage, etc.) in compliance with applicable regulations and to ensure these are free of copyright so that ConsuMed will be able to use them without infringement of any third-party property or non-property rights, including third-party individual rights and intellectual or industrial property rights.

The Client declares to be the rightful owner, or possessor, of any data, information or document communicated to ConsuMed.

In general, the Client expressly guarantees ConsuMed against any form of recourse from any user or third-party as well as against any action or claim which could be taken against ConsuMed in respect of the contents and/or usage of the communicated information, data or document.

Article 10 Price – Terms of payment

10.1. Price
The price agreed upon within the Travel Order only includes the services anticipated in the latter.

Any additional service will result in a complementary invoice and amendment to the initial Travel Order.

are exclusive of any applicable VTA, charge or tax. They shall be increased with any applicable charge and tax depending upon localization of the originator and/or the project venue.

10.2. Terms of payment
Invoicing is established upon completion of the project, within 8 days following the end of the project. It includes Client’s information as well as the references of the project.

If advance payments are due, they must be paid following the terms agreed upon within the Travel Order.

All payments are net of fees, without any discount and are due within 45 days from the date of invoice.

10.3. Late payment – Penalties
Any amount unpaid by its due date will result in, as of right and without any prior notice, interest at 3-month Euribor rate, increased by 5 points, without prejudice to the 40 € fixed compensation for recovery expenses applicable for any unpaid invoice at its due date.

Article 11 Property

The transfer of intellectual property of the project carried out by ConsuMed will be effective at the date of settlement of the project.

ConsuMed guarantees that all research materials communicated to the Client do not infringe with any third-party intellectual property rights.

ConsuMed agrees not to mention, in its communications, advertisements or any other document, the subject of the research carried out on behalf of the Client, unless expressly authorized by the Client.

ConsuMed can however communicate the Client’s name in its commercial references.

Article 12 Confidential Information – Non disclosure

ConsuMed and the Client mutually agree to strictly adhere to the provisions of the clause below.

As part of this confidentiality agreement, each party agrees to provide the other with comprehensive protection of the information transferred between ConsuMed and the Client which is not meant to be disclosed to third-parties or the general public (“Confidential Information”), whilst preserving each party’s ability to carry commercial activity. Each party acknowledges the following terms will be applicable when one the party (“Discloser”) discloses Confidential Information to the other (“Receiver”) as part of this agreement.

12.1. Disclosure
Each time one of the parties wishes to disclose specific Confidential Information to the other party, or wishes to undertake multiple disclosures with respect to a given subject, the Discloser will provide a Notice as to this agreement (“Notice”) before disclosure. The Notice will include the expected disclosure date, initial and final, a non-confidential description of the Confidential Information to be disclosed and any other term. The Notice shall be signed by the Discloser and the Receiver to allow effective disclosure.

Confidential Information can be disclosed through: (i) presentation; (ii) delivery; (iii) authorized access, for instance through a database; or (iv) any other express media. Confidential Information shall be identified as confidential at the time of disclosure and all documents containing Confidential Information shall have a caveat marking. The Discloser shall not disclose to the Receiver any Confidential Information not mentioned in a signed Notice or any information the Discloser is not allowed to disclose.

Disclosure can be done by the Discloser or one of its affiliated companies. An affiliated company means any corporation, firm or other entity that: (i) is controlled by one of the parties of this agreement; (ii) controls one of the parties of this document; or (iii) is under joint control of one of the parties of this document. In this regard, “Control” means that either over fifty per cent (50%) of the shares of the controlled entity or of the property interest representing the right to make decisions for such entity are owned or controlled, directly or indirectly, by the majority entity or that the latter entity has a decisive influence over the controlled company. An entity is considered as an Affiliated Company when this property or control actually exists.

12.2. Protection
For two (2) years following disclosure date, the Receiver will avoid disclosure of Confidential Information owned by the Discloser with the exact same care and discretion that the Receiver implements with its own non-disclosable information. As to this obligation, the Receiver shall not use the Discloser’s Confidential Information outside of the purpose stated in the contract.

12.3. Exceptions
The Receiver can disclose the Discloser’s Confidential Information to: (i) its employees and contractors, as well as the employees and contractors of its Affiliated Companies who need this information; and (ii) to any other party with prior written consent of the Discloser. Upon Receiver’s request, the Discloser can proceed with disclosure directly to these parties on behalf of the Receiver. Before such a disclosure or request from the Receiver, the latter shall make an appropriate and sufficient agreement with the party stipulating that the party shall use the Confidential Information in compliance with this clause. The Receiver can disclose Confidential Information to the extent permitted by applicable law, but shall give a reasonable advance notice to the Discloser in order to allow the Discloser to obtain a protective measure.

No obligation can be applied to Confidential Information that: (i) are already legitimately owned by the Receiver or are received legitimately by the Receiver without any non-disclosure obligation; (ii) are developed independently by the Receiver; (iii) were publicly available at the time of disclosure, or became publicly available at a later stage without any act of fault from the Receiver; (iv) are disclosed by the Discloser without signed notice as stipulated in Section 1; (v) are disclosed to a third party by the Discloser without any non-disclosure obligation; or (vi) are fundamentally disclosed by the Receiver at the time of usage, distribution, implementation or commercialization of a product or service.

12.4. Disclaimers
The Discloser only provides information “as such”. This Agreement and any Confidential Information disclosure made in this framework cannot: (i) give right or authorization to one of the parties over any copyright, patent, know-how or trademark; (ii) obligate one of the parties to disclose or receive Confidential Information, to perform work, to commit to an authorization, a commercial engagement or any other agreement; (iii) limit one of the parties in developing, manufacturing or commercializing products or services potentially competing with those of the other party; (iv) create a joint relation or authorize one of the parties to act or express on behalf of the other party; or (v) limit one of the parties in committing in a commercial relationship with other parties.

12.5. Background information
The parties cannot delegate or transfer their rights or delegate their responsibilities or obligations in the framework of this Agreement without prior written consent of the other party. The Receiver shall respect any applicable law in the country of the Discloser as well as in its own country and the laws applicable to exportations. Only a written agreement signed by both parties can amend the provisions of this Agreement. All the provisions set in this Agreement that, by their very nature, extend beyond its termination shall remain effective for an unlimited period. In case of conflict between the provisions of this Agreement and a Notice, the provisions included in the Notice shall prevail.

Article 13 Personal Data

ConsuMed is sole responsible for respecting applicable regulations when collecting Respondent’s personal data, processing this data and implementing the rights to access, modify or delete this data for the Respondents.

However, if the Client requested from ConsuMed communication of personal data, in full or in part, ConsuMed shall notify Respondents and collect their consent. The Client shall then be sole responsible for respecting applicable regulations depending upon the localization of data collection and/or processing.

The Client shall notify ConsuMed in advance if the collected data are likely to be communicated outside of the European Union.

The Client warrants ConsuMed that he will implement a data protection system compliant with applicable European guidelines in this field and with French law if applicable.

The rights given to Respondents to access, modify or delete this data shall be borne by the Client who will communicate in advance to ConsuMed the contact information necessary to exercise these rights.

The Client warrants ConsuMed against any claim or liability that can be intended towards ConsuMed because of these personal data and shall compensate ConsuMed for any incurred prejudice, judgment, expenses or consulting fees, upon first request by ConsuMed.

Article 14 Force majeure – Unforeseeable Circumstances

ConsuMed may fully discharge of all its obligations or delay their implementation in case of events considered by law or case law as force majeure, such as war, riots, fire, strikes, etc. or if the project, in full or in part, cannot be completed according to the agreed terms, because of third-party and in the absence of fault from ConsuMed, without this resulting in any compensation.
ConsuMed shall notify the Client through any necessary mean of the occurrence of such an event.

Article 15 Termination

15.1. Termination for default
In case of default of one of the parties with respect to one of its contractual obligations, except situations of force majeure, unforeseeable circumstances or caused by a third-party, termination of the contract shall be rightfully incurred, but only if a notice sent by recommended letter with receipt notice remains unanswered for 15 days, notwithstanding any damage and interest that could be claimed because of the above shortcomings by the terminating party.

15.2. Anticipated termination
If the Client requests an anticipated termination, in the absence of shortcoming from ConsuMed, the latter shall have the right to invoice the Client for the entire Research. However, if the reasons for termination are considered as legitimates, and with ConsuMed’s consent, the Client could be only invoiced for the part of the project that has already been completed, in addition to refunding the expenses made up to the date of termination.

Subject to the payment by the Client of due sums in respect with the preceding paragraph, ConsuMed shall transfer to the Client the property of the research outcomes and materials collected until the date of termination.

Article 16 Non-assignability

The contract is agreed upon in a strictly personal capacity. As a consequence, the parties cannot transfer to a third-party, in full or in part, the rights or obligations resulting from this contract without the other party’s consent.

Article 17 Applicable Law – Settlement of disputes

The law applicable for this contract is French law.

Any dispute relative to the interpretation and/or execution of this contract, even in case of action to enforce a warranty or multiple defendants, and in the absence of mutual agreement, is within exclusive jurisdiction of the commercial court where the head office of ConsuMed is located.

However, in case of dispute the parties agree to respect a 30-day conciliation procedure. The claimant party shall send a written notice of claim, describing with sufficient accuracy the reason for the claim and the resulting request. The receiving party shall benefit from a 10- business day period to outline its reasoned position with regard to the claim. If the dispute persists, the parties agree to have a bona fide conversation in order to solve the issue amicably. They shall dedicate for this purpose a 30-day period following reception of the response from the receiving party in order to organize such conciliation, with the help of a third-party conciliator if necessary. The parties agree not to bring the case to any jurisdiction, until the conciliation period expired, except in case of urgent necessity.

Article 18 Period of application – Modifications

These Terms & Conditions are applicable from July, 1st 2014.

ConsuMed retains the right to amend or complete these Terms & Conditions at any moment. The only Terms & Conditions applicable are those applicable at the date of issuance of the Travel Order.

The Client that once validated the Terms & Conditions through the acceptance of a Travel Order acknowledges that all future relation with ConsuMed shall be governed by these Terms & Conditions, except if further modifications of the Terms & Conditions again involve acceptance from this Client.

Schmiedl Marktforschung Terms & Conditions

THE CLIENT
For the purposes of this document “The Client’ refers to the company commissioning the project with Schmiedl Marktforschung.

BOOKING PROCEDURE
On verbal or written confirmation by The Client, Schmiedl Marktforschung will send, by email, a confirmation letter and a ‘Confirmation Details’ form to The Client. Any discrepancies should be addressed to ‘The Managing Director’, by return.

ADVANCE AND FINAL PAYMENTS
a) Invoices will be billed to The Client and settled in the currency of the quotation.  The Client will be liable for settlement of the account unless otherwise agreed in writing at the time of confirmation.
b) Schmiedl Marktforschung requests an advance payment to cover all respondent incentives. This payment is to be received at least 5 working days prior to the study. An advance incentive invoice will accompany our confirmation.
c) A final invoice will be submitted to The Client upon the conclusion of the project.  Final invoice settlement is due strictly within 30 days.

VALUE ADDED TAX
VAT is chargeable on applicable items to all clients located within Germany.  For EU clients, no VAT is charged on the invoice as liability for the payment of VAT is reversed to the recipient.  VAT is not applicable to clients based outside the EU.

FACILITY RENTAL INCLUSIONS
Facility rental costs include a Qualitative Assistant, digital video recordings, digital/Mp3 audio recordings, high-speed internet connection. Suites (conference room and viewing room) are available one hour before the start time of the first session and one hour after the last sessions’ end time unless otherwise arranged.

BID EXPIRATION
This bid is valid for 90 days from the date provided.

STUDY SPECIFICATIONS
Costs submitted are based upon client specifications; changes in these specifications may result in changes of costs. Costs assume no respondent past participation stipulations.  Access to the research venue outside agreed hours will at an additional hourly rate.
The Client may need to request cost revisions form Schmiedl Marktforschung as more details become available post confirmation. A typical example of when a cost review should be requested mid project would be as exact translation, interpretation and transcription requirements are finalized.

AGENTS AND CONTRACTORS
Recruitment and moderation may be sub-contracted by Schmiedl Marktforschung, as required.  Quotations by Schmiedl Marktforschung which are passed on must not be amended in any way.  Any commission or management fee must be presented separately from Schmiedl Marktforschung costs.

MULTI-CITY DISCOUNTS
A 5% discount to recruiting and facility rental will be applied upon final invoicing when using two Schlesinger Locations.  The use of three or more Schlesinger locations yields a 10% discount. Discounts are only applied when the same project is conducted in two or more Schlesinger locations within a 45-day time period.

MANAGEMENT FEE
Management Fees are not subject to client discount.

CANCELLATION & POSTPONEMENT
Facility & Services: In the event that this project is postponed or canceled once the project date is confirmed, it is necessary to invoice The Client for the facility rental fee and any other confirmed additional services including catering, technology or interpreter.  The facility cancellation charge will not be made if the studio can be resold for the same dates for a similar fee.  Recruitment and Management fees: For projects including participant recruitment, if studies are cancelled, then the project management fee and the fee for the recruitment of all participants to date will be invoiced.  If the study is postponed, then rescheduling fees will be charged and any new recruits required due to the postponement will be invoiced.

RESPONDENT CANCELLATION BY CLIENT
We maintain careful procedures to ensure that recruited respondents honor their commitment to attend your project. We respectfully request that the recruited respondents be treated fairly in the event that they must be canceled due to The Client’s change in specifications (i.e. date, venue, or qualifying criteria).  Recruited respondents who must be cancelled within one day of the study should be paid the full honorarium promised them.   If rescheduling respondents, additional fees will be applied.

GENERAL TERMS & CONDITIONS
With confirmation of a booking/project, The Client agrees to our general terms and conditions available on our website.

Advisors by Schlesinger Terms & Conditions

THE CLIENT
For the purposes of this document “The Client’ refers to the company commissioning the project with Schlesinger Group [“The Company”].

BOOKING PROCEDURE
On verbal or written confirmation by The Client, The Company will send, by email, a confirmation letter and ‘Confirmation Details’ form to The Client delineating the data collection services commissioned [the “Services”].  Any discrepancies should be addressed immediately to the Client’s contact point/account manager.

EXCHANGE RATE
We have assumed the exchange rate based on today’s current rate and the final project price will be determined upon the rates at project confirmation.  Pricing may need adjusting if the rate changes by +/- 2% before project invoicing.

PAYMENTS
a)     Invoices will be billed to The Client and settled in the currency of the quotation.  The Client will be liable for settlement for the Services unless otherwise agreed in writing at the time of confirmation.

b)     The Company reserves the right to demand payment from The Client of up to 100% of total projected costs in advance of the booking.

c)      The Company requests an advance payment to cover all respondent incentives. This payment is to be received at least 5 working days prior to the study. In the event the advance payment invoice is not paid prior to the study, on the final invoice, the Client will be charged a processing fee of 10% of the unpaid advance payment invoice, with a minimum charge of $100.

d)     A final invoice will be submitted to the Client upon the conclusion of the project.  Final invoices are due within 30 days unless otherwise agreed. Overdue invoices shall bear interest at 1% per month until paid in full.

e)      The Company reserves the right to reverse all discounts and/or rebates for the particular services, should a payment of an invoice be delinquent.

COLLECTION
In the event that The Client’s account is not paid in accordance with these payment terms by the due date, The Company shall be entitled to charge interest measured from the due date in the amount of 1% per month until the account is paid in full.

In the event that The Client’s account is in default and placed for collection, it is agreed that The Company will be entitled to collect all costs of collection, including reasonable attorney’s fees.

Unless otherwise agreed in writing between The Client and The Company,

  1. any dispute regarding any project governed by these terms and conditions shall be interpreted by the laws of the State of New Jersey.
  2. any legal action or proceeding filed in connection with any project governed by these terms and conditions shall be filed in the Superior Court of New Jersey, venue in Middlesex County.

AGENTS & CONTRACTORS
Services may be sub-contracted by The Company, as required.  All quotations by The Company which are passed on must not be amended in any way.  Any commission or management fee must be presented separately from The Company costs.

BID EXPIRATION
The bid for Services is valid for 90 days from the date provided.

Cancellation and Postponement

SERVICES
In the event that a project is postponed or cancelled once the project date is confirmed, it is necessary to invoice The Client.  Charges will vary depending on location and partner and can impact all Services, including facility, recruiting, moderation, incentives, interpretation, translation, management fees, catering and technology services. If the Services are postponed, then charges may also vary depending on location and partner and may include rescheduling fees.

RESPONDENT CANCELLATIONS
We maintain careful procedures to ensure that recruited respondents honor their commitment to attend your project. We respectfully request that the recruited respondents be treated fairly in the event that they must be cancelled due to The Client’s change in specifications (i.e. date, venue, qualifying criteria or other reasons).  Recruited respondents who must be cancelled within 48 hours of the study should be paid the full honorarium promised them.   If rescheduling respondents, additional fees will be applied.

STUDY SPECIFICATIONS
Costs, timing and feasibility submitted are based upon The Client specifications and changes to any of these specifications may result in a change in cost, timing or even feasibility.  Incidence has been estimated based on available information.  If project incidence falls below the estimated percentage stated in this quotation, The Company reserves the right to adjust costs or timing or even feasibility for the Services.

PRIVACY
No information regarding respondent personal information may be collected by The Client (“PII”). This includes, but is not limited to respondent’s name, contact information (email, phone, fax, street address, etc.) without written notice and approval from The Company.

CONFIDENTIAL INFORMATION
All information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) pursuant to this Agreement shall be deemed to be confidential information (“Confidential Information”).

Neither party shall use (other than for the performance of this Agreement) or disclose to any third party any Confidential Information of the other party; provided, however, this restriction will not apply to any Confidential Information that:

i. is or becomes generally available to the public, not due to any fault of the Receiving Party,

ii. is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information, or

iii. is rightfully received by the Receiving Party from a third party without a duty of confidentiality.

Should a Receiving Party be requested to disclose Confidential Information of the Disclosing Party by a lawful judicial or governmental order or other legal compulsion, such Receiving Party shall immediately notify the Disclosing Party to permit the Disclosing Party to defend against any such order of disclosure, and the Receiving Party shall assist in such defense, at the Disclosing Party’s expense, to the extent permitted by law.

Should a Receiving Party be required under this Agreement to disclose Confidential Information of the Disclosing Party to third parties (other than disclosures by lawful, judicial or governmental order or other legal compulsion), the Receiving Party shall ensure that such third parties accept and abide by these duties of confidentiality and nondisclosure with respect to Confidential Information. This Section shall also apply to Confidential Information disclosed in connection with proposed services that are intended to be covered by this Agreement.

LIMITATION OF LIABILITY
a)     The Company shall not be liable for loss under any circumstances which include, but not exclusively, failure of electrical supply or other utilities, leakage of water, adverse weather conditions, industrial action, terrorism or any other reason beyond the control of The Company which may cause the Services to be cancelled or interrupted.

b)     If The Company is in breach of its obligations for any reason or terminates a confirmed booking of Services, The Company’s only liability is to return any advanced payments received for Services.

INDEMNITY
The Client shall indemnify The Company against any losses, damages, claims and expenses incurred in respect of the following, to the extent not caused as a direct result of the negligence of The Company or its employees:  Death or personal injury; Damage to the venue or any part of it; Damage to, loss or theft of any property.

INSURANCE
a)     The Client shall effect to maintain public liability insurance to a minimum cover of $2,000,000.

b)     The Client shall not do anything that might render void The Company insurance policy.

GENERAL TERMS & CONDITIONS
With confirmation of Services, The Client agrees to our general terms and conditions on our website

Schlesinger Transcription Services Terms & Conditions

CLIENT
For the purposes of this document “The Client’ refers to the company commissioning the project with Schlesinger Group [“The Company”].

BOOKING PROCEDURE
On verbal or written confirmation by The Client, The Company will send an email to The Client delineating the services commissioned [the “Services”].  Any discrepancies should be addressed immediately to the Client’s contact point/account manager.

PAYMENTS
a)     Invoices will be billed to The Client and settled in the currency of the quotation.  The Client will be liable for settlement for the Services unless otherwise agreed in writing at the time of confirmation.

b)     The Company reserves the right to demand payment from The Client of up to 100% of total projected costs in advance of the booking.

c)      A final invoice will be submitted to the Client upon the conclusion of the project.  Final invoices are due within 30 days unless otherwise agreed. Overdue invoices shall bear interest at 1% per month until paid in full.

d)     The Company reserves the right to reverse all discounts and/or rebates for the particular services, should a payment of an invoice be delinquent.

COLLECTION
In the event that The Client’s account is not paid in accordance with these payment terms by the due date, The Company shall be entitled to charge interest measured from the due date in the amount of 1% per month until the account is paid in full.

In the event that The Client’s account is in default and placed for collection, it is agreed that The Company will be entitled to collect all costs of collection, including reasonable attorney’s fees.

Unless otherwise agreed in writing between The Client and The Company,

  1. any dispute regarding any project governed by these terms and conditions shall be interpreted by the laws of the State of New Jersey.
  2. any legal action or proceeding filed in connection with any project governed by these terms and conditions shall be filed in the Superior Court of New Jersey, venue in Middlesex County.

AGENTS & CONTRACTORS
Services may be sub-contracted by The Company, as required.  All quotations by The Company which are passed on must not be amended in any way.  Any commission or management fee must be presented separately from The Company costs.

Cancellation and Postponement

SERVICES
In the event that a project is postponed or cancelled once the project date is confirmed, it is necessary to invoice The Client.  Charges will vary depending on location and partner and can impact all Services, including facility, recruiting, moderation, incentives, interpretation, translation, transcription, management fees, catering and technology services. If the Services are postponed, then charges may also vary depending on location and partner and may include rescheduling fees.

STUDY SPECIFICATION
Costs, timing and feasibility submitted are based upon The Client specifications and changes to any of these specifications may result in a change in cost, timing or even feasibility.  Incidence has been estimated based on available information.  If project incidence falls below the estimated percentage stated in this quotation, The Company reserves the right to adjust costs or timing or even feasibility for the Services.

PRIVACY
No information regarding respondent personal information may be collected by The Client (“PII”). This includes, but is not limited to respondent’s name, contact information (email, phone, fax, street address, etc.) without written notice and approval from The Company.

CONFIDENTIAL INFORMATION
All information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) pursuant to this Agreement shall be deemed to be confidential information (“Confidential Information”).

Neither party shall use (other than for the performance of this Agreement) or disclose to any third party any Confidential Information of the other party; provided, however, this restriction will not apply to any Confidential Information that:

i. is or becomes generally available to the public, not due to any fault of the Receiving Party,

ii. is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information, or

iii. is rightfully received by the Receiving Party from a third party without a duty of confidentiality.

Should a Receiving Party be requested to disclose Confidential Information of the Disclosing Party by a lawful judicial or governmental order or other legal compulsion, such Receiving Party shall immediately notify the Disclosing Party to permit the Disclosing Party to defend against any such order of disclosure, and the Receiving Party shall assist in such defense, at the Disclosing Party’s expense, to the extent permitted by law.

Should a Receiving Party be required under this Agreement to disclose Confidential Information of the Disclosing Party to third parties (other than disclosures by lawful, judicial or governmental order or other legal compulsion), the Receiving Party shall ensure that such third parties accept and abide by these duties of confidentiality and nondisclosure with respect to Confidential Information. This Section shall also apply to Confidential Information disclosed in connection with proposed services that are intended to be covered by this Agreement.

LIMITATION OF LIABILITY
a)     The Company shall not be liable for loss under any circumstances which include, but not exclusively, failure of electrical supply or other utilities, leakage of water, adverse weather conditions, industrial action, terrorism or any other reason beyond the control of The Company which may cause the Services to be cancelled or interrupted.

b)     If The Company is in breach of its obligations for any reason or terminates a confirmed booking of Services, The Company’s only liability is to return any advanced payments received for Services.

INDEMNITY
The Client shall indemnify The Company against any losses, damages, claims and expenses incurred in respect of the following, to the extent not caused as a direct result of the negligence of The Company or its employees:  Death or personal injury; Damage to the venue or any part of it; Damage to, loss or theft of any property.

INSURANCE
a)     The Client shall effect to maintain public liability insurance to a minimum cover of $2,000,000.

b)     The Client shall not do anything that might render void The Company insurance policy.

GENERAL TERMS & CONDITIONS
With confirmation of Services, The Client agrees to our general terms and conditions on our website.