This is Insight Ltd – Terms & Conditions of Business
Standard terms and conditions of business.
1. These Terms apply to all services that you instruct us to provide and cannot be varied or amended except in writing and signed by both parties.
2. Client (referred to throughout as ‘you’) means the person, company, firm or other legal entity named in our letter of engagement.
3. This is Insight Ltd (referred to as ‘the company’, ‘us’ or ‘we’) means any of its staff, sub-contractors, Directors or premises owned or controlled by This is Insight Ltd.
4. This document (referred to as ‘agreement’ or ‘contract’) forms an Agreement which becomes binding on the date of acceptance or on the date the work is commenced (with the client’s approval), whichever is earlier.
5. Where these Terms of Business relate to more than one person, the liability is joint and several. Invoices are payable by you, regardless of any arrangement you may have with any third party.
6. Third Party (referred to as ‘third party’) means person, group or company beside the two main people/companies involved in this agreement.
7. We shall confirm that email correspondence from you is authority that you agree to such communications.
8. If you do wish to communicate with us by e-mail, by accepting these Terms you confirm that you understand the risks of doing so and you authorise us to act upon electronic instructions which have been transmitted (or appear to have been transmitted) by you.
9. We reserve the right to, from time to time, at our sole discretion amend these terms and conditions. You can determine the date they were updated by referring to the modification date listed in the footer. Any amendments will apply to new instructions placed on or after this modification date. It is your responsibility to regularly review these terms and conditions and your continued use of This is Insight Ltd will constitute your agreement to the then current and amended and updated terms.
10. Quotations are valid for a period of 30 days unless stated otherwise.
11. Invoices are due for payment within 30 days of the invoice date and time is of the essence. Payment must be made by bank transfer (BACS). Our bank details are printed on your quotation.
12. Billing and invoices will be in GBP. We may authorise local currency equivalent at our discretion and will be stated prior to commission.
13. A 50% payment is due on commission and 50% upon the delivery of the final report.
14. Any disputes in relation to any invoice should be raised within 7 days of receipt of the invoice.
15. We reserve the right to suspend services/or part of any services, without notice, until overdue payments are made.
16. The client shall not be entitled to set-off or withhold payments claimed or due to This Is Insight in respect of any agreements, whether express or implied.
17. All fees are non-refundable.
18. All quotes are quantified based on the estimated hours spent on the project and out of pocket costs. If the specifications change and lead to a change in the quotation of +/- 10%, the project fee will be revised accordingly.
19. Unless otherwise agreed in writing, we reserve the right to charge statutory interest on overdue invoices at a rate of 8.0% over the Bank of England base rate from the date the invoice became overdue until payment is made and the account settled in line with relevant statute. In addition we reserve the right to add statutory compensation to outstanding invoices.
20. If we are required to issue proceedings to recover any fees or disbursements and we are successful in such proceedings, you agree that you will pay our legal/advisory costs of such proceedings even if the amount claimed is suitable for the small claims track.
21. In the event of a dispute we are willing to consider Mediation or Arbitration. The cost of the proceedings, disbursements, facilities and fees to be split between the parties. However, subject to the applicable Arbitration legislation, the Arbitrator may determine who shall be responsible for the costs of the Arbitration and shall set out that determination in any Award.
This is Insight Ltd Services
22. All works are quoted and priced on the basis of being carried out during our normal working hours, unless otherwise agreed, which are Monday-Friday 9.00am-5.00pm.
23. We have a duty to ensure that all material produced is acceptable, factual and legal. Due to the fact that the we may not be an expert in the researched subject the client will be responsible for the accuracy and completeness in its entirety and shall indemnify This is Insight for any liability arising in relation to this.
24. You will be asked to review and approve progress at various stages throughout the project. The client fully agrees to cooperate with us and agrees that all information, data and documentation provided by them is correct, not misleading, and supplied in a timely manner.
25. Further to clause 24, once we have received your approvals, any further revisions may be subject to additional fees.
26. The client agrees to co-operate with us and follow reasonable instructions and procedures in respect of the agreement or services provided.
27. Our letter of engagement is produced with as much detail as possible to avoid any misunderstandings. If we have omitted something that you would like included, please let us know and we will revise the quotation accordingly.
28. If we are required to undertake additional work outside the agreed scope of the services agreed in your quote or time constraints are needed for deadlines or completion dates additional charges will be agreed by the parties either verbally or by written agreement and charged at the agreed rate.
Assignment and Sub-contracting
29. We reserve the right to engage with highly qualified and experience sub-contractors to ensure the project is completed on time, in full and to the highest quality.
30. For projects where consumer research is conducted, you will not solicit, collect, detect, use or disclose any personally identifiable information related to survey respondents. Personally identifiable information includes names, addresses, geographic locations (specifically, location names of areas having a population of less than 20,000 or postal codes assigned to areas having a population of less than 20,000), dates, telephone and fax numbers, social security numbers, medical and plan benefit numbers, account numbers, license numbers, vehicle numbers, device identifiers, ISP identifiers, machine identifiers, serial numbers, URLs, IP addresses, router codes, biometric identifiers, personal photographic or other identifiable images, and any other unique identifying number, characteristic or code.
Termination & Abortive fees
31. Either party can terminate the agreement by giving one month’s written notice.
32. In the event of the agreement being terminated prior to completion of a project, the remuneration inclusive of all disbursements and liabilities incurred for the purposes of the agreement, up to and including the date of termination shall be invoiced to the client. Payment shall be due within 7 days from the date of the final invoice and we reserve the right to retain paperwork/documents/data whilst there are still fees outstanding.
33. You will agree to discharge any liability to third parties that This is Insight may have in relation to carrying out any services pursuant with the initial instructions.
34. The fees disbursements and expenses referred to in these Terms and in signed correspondence are all subject to the addition of VAT where applicable (and any other taxes whether UK or overseas which may arise). All fees will state VAT amounts, which is currently 20%.
35. In relation to any written quotation, advice or services prepared or supplied by us, you agree that neither the whole nor any part of our advice, services or confidential information may be included in any published document, circular or statement, or published in any way without our written approval prior to publication. Copyright in any documents or other material provided to you by us shall remain our property at all times.
36. Our express written permission is needed to use our name, trademarks or product names in connection with any publication or release of study data or the substantiation of advertising claims.
37. The client is not permitted, for the period of 1 year, after the termination of this Agreement to employ or contract the services of any survey respondent for any panel, focus group, community or any other purpose, online or offline, or direct respondent contact by, or to, you or any other party without our express written consent.
38. We will not disclose to any third party any personal data without your express authority to do so unless requested in accordance by agencies or for regulatory purposes.
Rights of Third Parties
39. The contracts (Rights of Third Parties) Act 1999 will not apply to these Terms of Business unless stated otherwise.
Consumer Contracts Regulations 2013
40. The Consumer Contracts Regulations 2013 will apply. This means you have the right to cancel your instructions to us within 14 days of contracting. You can cancel your instructions by notifying us in writing. If the client requests work to start prior to this period and then proceeds to cancel, you may be charged for the work carried out up to the point of your cancellation instructions, please not that this legislation is not applicable to business clients.
41. If for any reason you are dissatisfied with the service provided, you should first of all refer it to our Complaints Manager at firstname.lastname@example.org who will investigate and take appropriate action.
42. A full copy of our Complaints Procedure is available on request.
Limitation of liability
43. You agree not to bring any claim for any losses against any member, officer, director, employee or consultant of This is Insight Ltd. You hereby agree that a staff member of This is Insight does not have a personal duty of care to you and any claim for losses must be brought against the company – ‘This is Inisght Ltd’. It is agreed that any individual of This is Insight may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 but that these terms may be varied at any time without the need for them to consent.
44. Research data collected by us will be obtained and delivered in accordance with research industry standards.
45. This Is Insight shall not be liable for lost profits or revenues or other economic loss, including consequential, special, or other similar damages, arising from, related to the study, proposal, and data, or otherwise.
46. Except as expressly stated herein, This Is Insight disclaims all other warranties, whether express, implied, or otherwise, regarding the accuracy, completeness, or performance or fitness of merchantability of the study, data or any deliverables.
47. Aggregate liability of This Is Insight for any claim made shall be limited to £5,000, the amount of the fees paid, or payable to This Is Insight for the study at issue, whichever is less.
48. No action arising out of this agreement (other than by This Is Insight for the recovery of fees owed to This Is Insight) may be brought more than one year after the event relating to such action arose.
49. Where any loss is suffered by you for which we and any other person are jointly and severally liable to you the loss recoverable by you from us shall be so as to be in proportion to our relative contribution to the overall fault.
50. The exclusions and limitations in this paragraph will not exclude or limit any liability for fraud or dishonesty or for liabilities which cannot lawfully be limited or excluded such as death or personal injury.
51. Where the quote is addressed to more than one client, the above limit of liability applies to the aggregate of all claims by all such clients and not separately to each client.
52. You agree to indemnify us against all costs, liability, damages, loss, claims or proceedings arising out of you breaching these terms and conditions.
53. You undertake to indemnify us against all costs, claims, charges and expenses of whatever nature which may arise as a result of any such information proving to be inaccurate (whether wholly or in part) or incomplete. Including obtaining advice in respect to any settlement arising from libellous, infringement, proprietary or personal rights in providing services to you.
54. This is Insight will ensure it has in place at all times suitable and valid insurances.
55. This is Insight will not be liable or deemed liable or be in breach of these Terms due to delay in performing or failure to perform its obligations under this contract, or where the delay or failure was due to any cause beyond our control, such as(but not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, acts of terrorism, acts of war, pandemic, epidemic, government action or incorrect instructions or where the delay was caused by the client.
Law and Jurisdiction
56. These terms of business are subject to the laws of England and Wales. Any dispute or legal issue shall be subject to the exclusive jurisdiction of the English Courts. Should a court rule that any clause within these Terms are invalid/unenforceable this will not affect the validity of the rest of the Terms, which will remain in force.
Latest update: January 2021