Patterson Research Group Terms of Business
1. About these Terms and Conditions
Together with the proposal (or quotation), these Terms of Business (Terms) form the entire agreement between Patterson Research Group (the research service provider) and our client. These Terms of Business should be read in full prior to commissioning. Where appropriate, these Terms of Business may be modified by mutual consent between Patterson Research Group personnel and the research client.
A copy of these terms can be obtained by contacting Patterson Research Group at answers@marketresearch.com.au
2. Commissioning
The acceptance of our proposal (or quotation) constitutes an order for Patterson Research to undertake the project as outlined in the proposal or quotation document. These Terms of Business and the proposal (or quotation) constitute the entire agreement and supersede any prior negotiations, representations, understandings or arrangements made between Patterson Research Group and the research client in relation to the particular research project.
3. Project management
Where possible Patterson Research Group will endeavour to assign a consultant to each research project from proposal (or quotation) stage through to the production of the project deliverables. Where this is not possible, every effort will be made to ensure continuity.
Any significant communication that affects the fees, scope, content, or deliverables of the project should always be communicated in writing (e.g. by email).
4. Client input
It is inevitable that some level of client feedback is essential in progressing through the stages of the research project, for example, in terms of approving questionnaire documents or providing feedback relating to draft reports. This is essential in order to ensure the research fully meets the client objectives. In most cases this will be requested in writing. Patterson Research Group relies on timely client feedback and approval in designing and adhering to project timelines. As such, failure to achieve timely client feedback may have a detrimental impact on agreed deadlines and deliverables.
5. Fees and price quotations
Unless otherwise stated, all fees are quoted in Australian dollars. The proposal (or quotation) document will clearly indicate the GST exclusive cost, the amount of GST and the GST inclusive cost for each research project (or part thereof).
Price quotations in Australian dollars are valid for 90 days unless otherwise agreed in writing.
6. Disbursements
Unless otherwise stated in the proposal, all disbursements incurred in the course of the project including travel, accommodation, taxis, couriers, stimulus material, printing, venue hire, equipment hire and video production will be invoiced, in addition to the fees quoted in the proposal, with a 10% administration fee. A best estimate of these costs will be detailed in the proposal.
7. Invoicing and Credit Policy
For projects of more than $10,000 in value Patterson Research Group ’s normal trading terms are to invoice 30% upon client approval of the survey instrument, (whether that be a focus group discussion guide, or a questionnaire prepared for a qualitative interview or quantitative survey), 30% upon completion of the survey fieldwork, and 40% upon client acceptance and approval of the final report.
Patterson Research Group ’s invoices are payable on 14 days. Should the client default in payment of any monies due then all monies due to Patterson Research Group shall immediately become due and payable within 7 days of the date of demand, and Patterson Research Group shall be entitled to charge interest on all amounts not paid by the due date for payment and the client undertakes to pay interest charged. Such Interest shall be calculated on a daily basis from the due date for payment until Patterson Research Group receives payment at such rate, up to but not exceeding 2% per month.
Any expenses, costs or disbursements incurred by Patterson Research Group in recovering outstanding monies including agency fees and solicitors costs shall be paid by the client, providing that those fees do not exceed the scale of charges as charged by that debt collection agency/solicitor.
Patterson Research Group shall be entitled without notice to terminate any credit facility with the client in the event of the client defaulting in any of the terms and conditions contained herein.
In the case of a Trust company, we acknowledge that the Trustee shall be liable on the account and that in addition the assets of the trust shall be available to meet payment of the account.
These terms may be varied by mutual consent.
For invoicing enquiries please contact Kate Patterson on +61 (08) 9364 2322.
8. Project postponement or cancellation
Unforeseen changes to the scope or project schedule made by the client may incur additional fees if time or expenses have already been incurred by Patterson Research Group.
In the event the project is cancelled or postponed by the client, Patterson Research Group reserves the right to invoice for all costs and executive time incurred on the project between commissioning and receipt of written notice of cancellation or postponement is received by Patterson Research Group.
9. Publication of research findings
Whilst we encourage clients to use our name in external publications and communications to add weight to the research findings, at our discretion, Patterson Research Group requires notification in advance, and the precise text must be approved by Patterson Research Group personnel prior to publication.
10. Retention of records
Unless otherwise instructed, Patterson Research Group keep primary field materials (e.g. hard copy questionnaires) for three months after the completion of fieldwork. All research data (e.g. data files, final reports, presentations, etc) will be kept for a minimum of two years after the completion of the project.
Any respondent completed questionnaires or recordings that clients wish to view or retain will have personal identification of respondents removed before they are forwarded. Handling and forwarding costs associated with this may be invoiced as a disbursement.
11. Feedback
If you have any constructive feedback, are unhappy with any level of service, or wish to register a complaint, please contact our quality manager on +61 (0)8 9346 2322 or by email answers@marketresearch.com.au.
12. Confidentiality
Patterson Research Group operates under the Market and Social Research Privacy Code as approved by the Privacy Commissioner, and adheres to the Australian Market and Social Research Society’s Code of Professional Behaviour.
12.1 Respondent Confidentiality
Unless explicit permission has been given by individual respondents, respondent identity cannot be revealed to the research client under any circumstance.
Participants in groups/interviews will be asked to provide written consent for the group/interview to be recorded on the understanding that the recording is made solely for the purposes of undertaking the specific research project.
At no stage can/will these recordings be used for internal or external marketing purposes (by Patterson Research Group or by the research client).
If any member of the client organisation or associate recognises a participant while observing a group/interview (or a recording thereof), it is the responsibility of that individual to make the fact known and must immediately remove themselves form the viewing/ observation situation.
Patterson Research Group reserves the right to prohibit the distribution of recordings to client representatives, in order to protect respondent confidentiality.
12.2 Client confidentiality
The Brief, specifications, and research data obtained during this (or any) project remain the property of the research client and will not be disclosed to a third party.
Patterson Research Group will not disclose any confidential information (including findings) relating to a client’s research project to a third party. This confidentiality remains in place throughout the duration of the project and after completion, unless express permission has been gained by Patterson Research Group, from the research client. These restrictions cease to apply to any confidential information which may (other than by default) become available to the public generally.
12.3 Our Confidentiality
Information disclosed by Patterson Research Group to research clients, either orally or in writing, is disclosed in confidence. All ideas expressed in proposals are provided in confidence and must not be disclosed to any third party without prior written consent from Patterson Research Group.
Any business intelligence or other information acquired by research clients while dealing with Patterson Research Group may not be disclosed to another third party or be used by the research client to Patterson Research Group’s detriment.
Patterson Research Group adheres to the AMSRO Privacy Principles available at www.amsro.com.au.
13. Intellectual property
In accordance with the AMSRS Code of Professional Behaviour, research proposals and quotes prepared by Patterson Research Group remain the property of Patterson Research Group and are prepared purely for confidential use by the research client in considering proposal submissions and thus commissioning research projects. The content and intellectual property may not be disclosed to any industry competitor or other third party without written permission from Patterson Research Group.
14. Limitation of liability
Patterson Research Group does not accept responsibility for the parameters of the project that are set by the research client. While Patterson Research Group accurately records Participants’ answers, to a level which exceeds the requirements of the current international standard, we do not verify, and are not responsible for verifying, that Participant’s answers are accurate, true, complete and not misleading beyond the current international standard.
Conditions and warranties implied by law which cannot be excluded apply, but only to the extent required by law. All other implied conditions, warranties and rights, including any implied by custom, usage or other circumstances are expressly excluded.
Patterson Research Group’s liability for breach of such warranties or conditions is limited to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Patterson Research Group is not liable in respect of any indirect loss or consequential loss suffered (including, but not limited to, any loss of profit or business opportunity) by the research client.
Patterson Research Group’s total liability to the research client (and persons claiming through the research client) will not in any circumstances exceed the fees paid to Patterson Research Group by the research client, in connection to the project that has given rise to the liability. This limit applies irrespective of the number of claims or events (even if linked) giving rise to them.
Patterson Research Group is not liable to research clients for any consequences as a result of communicating with research clients by email including any interference with the email by a third party or any delay or non-delivery of the email.
Patterson Research Group will make all reasonable efforts to meet the project schedule set out in the proposal. However times specified are only approximate and not binding.
15. Governing Law
The contract between Patterson Research Group and the research client, its meaning and interpretation and the relationship between the parties are to be governed by the laws of the state of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
16. About Patterson Research Group
Patterson Research Group is the trading name under the PMR Research Group Pty Ltd ACN 151 353 276. The PRG Australian Business Number is ABN: 83 797 296 374. Registered company address of 4 Grosse Road Applecross, 6153. Western Australia. Postal address: PO Box 843a Applecross LPO 6153 Western Australia. Telephone +61 (0)8 9364 2322.
17. Industry information
Staff and management of Patterson Research Group are bound by, and comply with, the codes and guidelines of AMSRS and AMSRO.
Refer to www.amsrs.com.au/codes for more information on codes and guidelines of the Australian Market and Social Research Society.
Refer to www.amsro.com.au/codes for information on codes and guidelines adhered to by members of the Australian Market and Social Research Organisation.
18. Force Majeure
Patterson Research Group will carry out the project and deliver the results in accordance with the agreed terms and conditions of the project, but will not be liable for any delay or inability to complete the project as a consequence of an action or event substantially beyond Patterson Research Group’s control.