Terms and Conditions
1. The following terms of business apply to all contracts between us. Acceptance of this proposal and commissioning of the project will be taken as acceptance of these terms of business, unless otherwise agreed in writing before commencing the project.
Fees & Invoicing
2. Any fee agreed between UKHomelink.co.uk ltd and client, you, will be paid in full as non-returnable amount of £250 on commissioning the project with the remainder, according to percentage and fee agreed, being paid in full on completion, by way of contracts exchanged between buyer & vendor / rental contract agreed
3. The fees exclude VAT, which will be charged as applicable.
4. UKHomelink.co.uk ltd will charge for [reasonable] supplementary expenses such as hotel, travel and subsistence costs, after full consultation with client.
5. Payment of each fee, on exchange of contracts between third party vendor and client, is due from you within 14 days of the date of exchange.
6. All payments must be made in sterling unless otherwise agreed by UKHomelink.co.uk ltd. For all non-sterling payments an administrative charge may be made.
7. Any quotation for a project made by UKHomelink.co.uk ltd will remain valid for two months.
8. UKHomelink.co.uk ltd reserves the right to adjust the fees and the date of completion of the project in the event that the project proposal is altered after the project is commissioned.
Confirmation, cancellation & termination
9. UKHomelink.co.uk ltd requires written confirmation to commence a project. Once the project has been confirmed, the cancellation charges set out below will apply.
10. If the project is cancelled by you at any time during the project [after the agreed fieldwork allocations have been made/ up to 14 days prior to fieldwork/ during fieldwork / once fieldwork has been completed], you will be liable to UKHomelink.co.uk ltd for any and all direct and indirect expenses and costs incurred by UKHomelink.co.uk ltd, its officers, agents or employees and any loss of earnings or other any loss whatsoever.
11. Either party may terminate this agreement at any time by written notice to the other if the other goes into liquidation, makes a voluntary arrangement with
its creditors or has a receiver or administrator appointed over all or part of its business.
Cost assumptions
12. The fees quoted are estimated according to specific project requirements, the agreed timescale and any assumptions detailed in the proposal. If the timescale, project objectives or requirements or research approach or the assumptions on which the quote is based change in any way, UKHomelink.co.uk ltd reserves the right to review the agreed fee and charge for any additional work that has resulted from changes.
13. UKHomelink.co.uk ltd cannot accept responsibility for delays caused by weather, transport difficulties, industrial action or any other circumstances beyond its control.
14. The cost of stimulus material or colour copies of stimulus material will be included within fee agreed and stated on commission of service / project.
Working practice
15. In providing the services, we will comply with the Data Protection Act 1998 and any other relevant secondary legislation. We gain respondents’ permission to use recordings for research purposes only, not for use in external promotions or in the public domain.
16. The identity of personal records and data pertaining to persons who take part in projects are confidential information and will not be revealed to clients or any third party.
17. UKHomelink.co.uk ltd shall not be liable to you by reason of any representation or misrepresentation, or any term (express or implied) of our agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in
connection with the project or the use of the results of the project by you, and
the entire liability of UKHomelink.co.uk ltd. UKHomelink.co.uk ltd or any representative of
UKHomelink.co.uk ltd shall not be
liable in any way for any loss or misrepresentation of items or details
disclosed to you, the client, due to failure of any third party to protect the
rights of any individual or party in
respect of any claim or series of connected claims against any third party or
information gathered by UKHomelink.co.uk, its representatives or agents on
behalf of our clients regarding any project.
18. You will supply at your
expense, all agreed documents or other materials, and all necessary data or
other information relating to the project (and ensure the accuracy of the same),
within sufficient time to enable us to carry out the project in accordance with
the proposal and requested lawful transaction on your behalf.
19. Any changes or additions to the project must be
agreed in writing by us
20. Upon commencement of the
project, you will be responsible for the insurance of any product samples or
stimulus material used in the research against accidental loss or damage, until
the date of their disposal or return to you in accordance with this term UKHomelink.co.uk ltd may dispose of
all materials supplied by you or to you after six months following completion of
a project, unless you request their return, at your expense, in writing.
21. UKHomelink.co.uk ltd will
keep key documents including (without limitation) electronic copies of the
research proposal, sample details, recruitment questionnaire, debrief
documentation) for one year from project completion (the date of the debrief
presentation) after which they will be destroyed securely.
International Work
22. Fees that include foreign
fieldwork costs are based on the exchange rates prevailing between sterling and
the currencies of the applicable countries on the specified date. The rates used are those quoted in
daily press. UKHomelink.co.uk
ltd reserves the right to adjust the final fee in line with any rate
fluctuations during the course of the project.
23. UKHomelink.co.uk ltd, its
directors, agents or officers will not be liable for direct or indirect expenses
afforded by you, the client, forfeited through travel, lodgings or other
expenses along with any legal / application fees or expenses agreed between you,
us and any third parties in anticipation of a positive outcome of any project
commenced by UKHomelink.co.uk ltd, its directors, agents or officers.
UKHomelink.co.uk ltd, its directors and agents will therefore not be liable to
compensate any expenses directly or indirectly linked to the agreement or any
anticipation of a positive outcome through this or any agreement with
UKHomelink.co.uk ltd and officers therein.
Copyright and confidentiality
24. The copyright and all other
intellectual property rights whatsoever in any work produced by us for you
during the project including (without limitation) our proposal, debrief
documentation and any other materials whether (without limitation) vested,
contingent or future shall belong to us absolutely at all times.
25. You warrant that any
material or information supplied by you and its use by us, will not infringe the
copyright or other intellectual property rights of any third party, and you will
indemnify us against any loss, damages, costs, expenses or other claims arising
from any such infringement.
26. UKHomelink.co.uk ltd undertakes to
keep confidential and not disclose to any other person (except in the proper
performance of duties) either during or after the termination of this contract
any information whatsoever relating to your business or any trade secrets or
make use of the same in any manner which might be prejudicial to your interests.
27. You undertake to keep
confidential and not disclose to any other person either during or after the
termination of this contract any information whatsoever relating to our
business, any proposals, methodologies and debrief documentation or other
information supplied by us during or before the project, or make use of the same
in any manner which might be prejudicial to our interests.
28. The findings from UKHomelink.co.uk
ltd research may only be published, used or quoted elsewhere, with our prior
written approval and provided that the findings and work are attributed to
UKHomelink.co.uk .
General
29. English law governs the
agreement between us and you agree to submit to the non-exclusive jurisdiction
of the English courts.
30. These terms, together with
the proposal and proposal confirmation, constitute the entire agreement between
us, supersede any previous agreements or understandings and all other terms,
express or implied by statute or otherwise are excluded to the fullest extent
permitted by law.
31. A notice required to be
served on either of us under these terms shall be in writing addressed to the
other at its registered office or principal place of business or such other
address as may have been notified to the party giving notice pursuant to this
term.
32. No failure or delay by us to
exercise any of our rights under the agreement shall be deemed to be a waiver of
that right, and no waiver of any breach of the agreement shall be considered as
a waiver of any subsequent breach of the same or any other provision.
33. If any provision of these
terms is held by any court or other competent authority to be invalid or
unenforceable in whole or in part, the validity of these terms and the remainder
of the provision in question shall not be affected. UKHomelink.co.uk ltd, its
agents, directors or representatives will not be liable for any action within
the any British legal system for proceedings under any copyright,
misrepresentation or liability issues arising from any failings by the said
representatives of UKHomelink.co.uk ltd.
UKHomelink.co.uk
The Meridian, 4 Copthall House,
Station Square, Coventry,
West Midlands.