Potentia

Terms of Business

Terms of Business 

  1. Potentia Insight contracts to observe the standard codes of conduct laid down by the British Market Research Society (MRS). 
  2. Quotations and estimates are valid for three months from date of issue. Potentia Insight reserves the right to revise quotations after this date. 
  3. The project is commissioned, and work commences, after written acceptance of the quotation or estimate.  Commissioning is deemed to imply the client’s acceptance of these terms of business. Any reference to “written acceptance” shall include letter, email, purchase order, or the client’s signature on a particular document that has been submitted for approval. 
  4. The client will provide a purchase order (if applicable) as soon as reasonably practicable but not later than five (5) business days following commissioning of the project. 
  5. Potentia Insight cannot guarantee immediate start on projects without advance booking notice.  Where possible one week’s commissioning notice should be provided. 
  6. Potentia Insight will not begin the online script writing until we have received a final version of a questionnaire. 
  7. Fieldwork will not commence until the online script has been approved by the client. 
  8. Any dates specified in the quotation are estimates only. 
  9. In the event of any delay or failure of the client to provide approvals requested, Potentia Insight will not be liable for any resulting delays or other adverse impacts on project delivery.  
  10. Potentia Insight will not be liable for any costs, claims or proceedings, or any demands, arising out of or in connection with anything approved in writing by the client. 
  11. Potentia Insight reserves the right to revise quotations or estimates or make additional charges in the event of: 
    • Changes to timing 
    • Client delays in providing materials or necessary information 
    • Changes to interview length 
    • Changes to methodology and specification 
    • Restrictive recruitment criteria, detailed quotas or other factors affecting the costs not stated when the estimate was provided 
    • Changes to questionnaires and other materials after approval for proceeding has been given   
    • Potentia Insight will charge in half day increments for additional DP work undertaken over and above that quoted 
    • Any other changes made during the course of project 
    • Carriage 
    • Changes to DP deliverables specification 
  12. Potentia Insight will charge for the following where this has not been part of the original project specification: 
    • Screener or questionnaire development  
    • Detailed sample updates  
    • Incentive administration  
    • Translations of key documents and all verbatim answers 
  13. Quotations and estimates are made in British Pounds Sterling (GBP), unless otherwise stated. 
  14. Data processing and analysis work will not commence until a final output and deliverables specification has been received. Standard DP output will comprise of a set of un-weighted tabulations showing all questions, as asked, cross tabbed by two banners, consisting of no more than eighteen individual breaks each, delivered electronically. Standard online survey setup comprises of programming all questions and routing logic using a Potentia Insight pre-programmed “look and feel” template. 
  15. Invoices are payable in GBP, unless agreed otherwise in writing and will be issued to the commissioning client only, not a nominated third party. In accordance with our terms of engagement, please ensure the net amount credited to our bank account is the invoice total due; you will therefore need to take account of any bank charges related to the payment transfer. 
  16. Estimates and quotations exclude VAT, which will be chargeable to all UK based clients and will be added to these invoices. 
  17. For projects of up to £10,000, 100% will be invoiced upon completion and must be paid in full and in cleared funds within 30 days of the date of the invoice, unless set out otherwise in writing. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Late payments will bear interest at 8% above the UK Bank Rate. 
  18. For projects over £10,000, 50% will be invoiced upon commissioning and the final instalment of 50% will be invoiced after provision of final deliverables. Unless set out otherwise in writing, the client must pay Potentia Insight in full and in cleared funds within 30 days of the date of each invoice. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Late payments will bear interest at 8% above the UK Bank Rate. 
  19. Once a project is commissioned, if postponed or cancelled Potentia Insight will charge for all costs incurred, any additional costs due to cancellation or postponement and reserve the right to include a management postponement or cancellation charge. 
  20. Potentia Insight will retain primary records for a period of one year and all hard copy documentation for two years unless agreed otherwise with the client. 
  21. Due to the nature of online data collection and using third party access panels, Potentia Insight are not able to validate either the respondent or the data collected using this methodology. 
  22. Potentia Insight will endeavour to protect respondent identities in line with data protection legislation and the MRS Code of Conduct guidelines, and the client agrees to respect this principle. 
  23. Potentia Insight may publish research results for scientific or other purposes if conducted at its own expense, or if such publication has been contractually agreed with the client commissioning the job, or if the client has consented to such publication.  This also applies to the presentation of research results in the context of conferences.  When publishing research results, their presentation shall be clearly distinguished from their interpretation.  Clients are not permitted to publish without prior written consent from Potentia Insight, such consent not to be unreasonably withheld. 
  24. Unless otherwise agreed, Potentia Insight will be able to use the client’s name and logo for the purposes of promoting its work and its business on Potentia Insight’s website, in credentials pitches and in its showreel.   
  25. Potentia Insight acknowledges that ownership of client materials and ownership of all intellectual property rights in any client materials (including any modifications or adaptations of such client materials produced in the course of providing the services) shall remain vested in the client or its licensors. The client grants Potentia Insight a non-exclusive licence to use the client materials solely for the purposes of undertaking this project. 
  26. By commissioning this project, the client confirms that: 
    • it has full power and authority to commission this project
    • any client materials provided do not infringe any third party intellectual property rights
    • any client materials comply will all applicable laws and regulations
    • any client materials are accurate and complete
    • it is the beneficial owner of, or is otherwise entitled to provide Potentia Insight with, any client materials
  27. Potentia Insight shall not be liable for loss or damage arising through circumstances beyond their control.  In cases where materials supplied by the client are given to respondents, Potentia Insight holds the client liable for any damage, injury, inconvenience or loss. 
  28. Nothing in these terms of business shall limit or exclude either Potentia Insight or the client’s liability for: 
    • death or personal injury caused by its negligence, or the negligence of its personnel, agents, subcontractors or Permitted Sub-Contractors; 
    • fraud or fraudulent misrepresentation; or 
    • any other liability which cannot be limited or excluded by applicable law.
      • Neither Potentia Insight nor the client shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with the undertaking of this project. 
      • Potentia Insight’s liability for failure to deliver the project as specified, for reasons within their control, shall be limited to the total of the fee paid by the client. 
  29. These are our standard terms and conditions unless otherwise agreed with the client in writing prior to the commencement of the project. 

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