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Together with the Proposal (or Quotation), these Terms of Business (Terms) form
the entire agreement between Taverner Research Company (Taverner Research) and
you (the client) and should be read in full prior to commissioning.
Any information communicated in writing by your Project Director takes precedence
over these Terms of Business.
A copy of these terms can be obtained by contacting your Project
Manager or by emailing reception@taverner.com.au.
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The acceptance of our Proposal (or Quotation) constitutes an order for us to
undertake the Project to which it relates. These Terms of Business and the
Proposal (or Quotation) constitute the entire agreement and supersede any prior
negotiations, representations, understandings or arrangements made between
us regarding the project, whether orally or in writing.
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From the Proposal (or Quotation) stage though to the completion
of the project, Taverner endeavours to ensure the project
has only one Project Director assigned to it. Where this
is not possible, Taverner will ensure you are advised in
advance and all effort will be made to ensure continuity.
All
projects will be assigned a second contact person (usually
a Research Consultant or Research Assistant) to act as an
alternate point of contact in case the Project Director is
unavailable.
Any significant communication that affects the
fees, scope, content, or deliverables of the project should
always be communicated in writing to your Project Director.
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Where external consultants are required we will confirm their
appointment and as a requirement of our Quality Assurance
accreditation, we will take all care to ensure the quality
of their work meets our highest standards.
We ask that any communication that you feel is necessary
with external consultants is conducted through the Taverner
Project Director unless otherwise specifically agreed.
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At certain stages Taverner will require client feedback to
ensure the project is delivered to the high standard expected.
We will usually request this in writing (e.g. via email communication)
and may include:
- Review of draft and final field materials
- Review of any pilot test results
- Review of any code frames
- Review of report(s).
Note: There may be times where failure
to get timely client feedback and input may have a detrimental
impact on agreed deadlines and deliverables.
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Unless otherwise stated, all fees are quoted in Australian
dollars and do not include GST.
Price quotations in Australian
dollars are valid for 90 days unless otherwise agreed in
writing with you Project Director.
Price quotations for all other currencies are valid
for 30 days. After 30 days, the quote will be adjusted based
on the exchange rate applicable on the date of commissioning.
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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.
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Unless otherwise agreed in writing our terms of business
are 50% of the project fee on commissioning and the balance
on delivery of agreed outputs. In the case of projects involving
more than one specific stage, each stage may be invoiced
separately.
Our standard payment terms are 14 days
net.
In cases where Taverner is required to (a) pay external
providers at cost or (b) pay incentives to respondents at
cost or (c) outlay at cost other funds to third parties that
are additional to the research fee, Taverner will itemise
and invoice the direct expense and include a 15% administration
fee. Payment for these disbursements is required within 14
days, unless some other arrangement is agreed in writing.
For
invoicing enquiries please contact Tracy Sant in our accounts
department on +61 (0)2 92122900.
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Any change to the scope or project schedule by you may incur
additional fees if time or expenses have been incurred on
the project after commissioning.
In the event the Project
is cancelled or postponed by you, we reserve the right to
invoice you for all costs and executive time incurred on
the Project after commissioning and up to the time that a
written notice of cancellation or postponement is received
by us.
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While we encourage clients to use our name in external publications
and communications to add weight to the research findings,
Taverner must be notified in advance and approve the text
if its name is to be given in the publication.
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Unless otherwise instructed, we will keep primary field materials
(e.g. hard copy questionnaires) for one year 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 you 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 invoiceed as a disbursement.
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If you have any constructive feedback, are unhappy with any
level of service, or wish to register a complaint, please
contact our Quality Assurance manager on +61 (0)2 92122900
or by email on research@taverner.com.au.
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Taverner Research operates under the Privacy Principles for
Market and Social Research in Australia as approved by the
Privacy Commissioner, and adheres to the Australian Market
and Social Research Society’s Code of Professional
Behaviour.
13.1 Respondent Confidentiality
Unless explicit permission has been given by individual respondents,
respondent identity cannot be revealed to you 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 Taverner, or by
you.
If any member of you organization or associate recognises
a participant while observing a group/interview (or the recording
of), they should immediately make the fact known and stop
viewing the group/recording.
To protect the rights of
respondents, Taverner reserves the right to prohibit the
distribution of recordings to client representatives.
13.2 Client
confidentiality
The Brief, Specifications, and Research Data obtained during
this (or any) project remain you’re property and will
not be disclosed to a third party.
We will not disclose, without
your permission, during or after completion of the Project,
any confidential information resulting from the Project commissioned
and paid for by you. These restrictions cease to apply to
any confidential information which may (other than by your
default) become available to the public generally.
13.3 Our
Confidentiality
Any information that we disclose to you, either orally or
in writing, is disclosed in confidence. All ideas expressed
in our proposals are our confidential information and must
not be disclosed to any third party by you without our prior
written consent.
Any business intelligence or other information
you learn (or become in possession of) as a result of dealing
with Taverner may not be disclosed to another third party
or be used by you to our detriment.
Taverner Research adheres
to the AMSRO Privacy Principles available at http://www.amsro.com.au.
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In accordance with the AMSRS Code of Professional Behaviour,
Research Proposals and Quotes prepared by Taverner remain
the property of Taverner Research and are prepared purely
for confidential use by you and the content and intellectual
property may not be disclosed to any industry competitor
or other third party without Taverner’s explicit permission.
All
copyright in our written reports in respect of the Project
remain with us until all of our fees have been paid in full
at which time copyright is automatically assigned to you.
You
acknowledge that copyright in written reports that is assigned
to you does not include any copyright that subsists in processes
used (or techniques developed) by us in executing the Project
(including, but not limited to, scales, questioning approaches,
data collection approaches, analysis techniques and analysis
frameworks).
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We are not responsible for the parameters of the Project
which are set by you. While we will accurately record Participant’s
answers, we do not verify, and are not responsible for verifying,
that Participant’s answers are accurate, true, complete
and not misleading beyond the industry standard validation
methods.
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.
Our 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.
We
are not liable to you in respect of any indirect loss or
consequential loss suffered by you (including, but not
limited to, any loss of profit or business opportunity).
Our
total liability to you, and persons claiming through you,
will not in any circumstances exceed the fees which you have
paid to us in relation to the Project which has given rise
to the liability. This limit applies irrespective of the
number of claims or events (even if linked) giving rise to
them.
We are not liable to you for any consequences as a result
of communicating with you by email including any interference
with the email by a third party or any delay or non-delivery
of the email.
We will make reasonable efforts to meet the
Project schedule set out in the Proposal. However times specified
are only approximate and not binding on us.
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The contract between Taverner Research and you, its meaning
and interpretation and the relationship between the parties
are to be governed by the laws of the state of New South
Wales, Australia. The parties submit to the non-exclusive
jurisdiction of the courts of New South Wales, Australia.
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Taverner Research Company (Taverner Research) is wholly owned
by Tobumo Pty Ltd, ABN 93 003 080 500. Taverner’s registered
business address is c/- Taverner Research, Level 2, 88 Foveaux
Street, Surry Hills, NSW, 2010.
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Staff and management of Taverner are bound by, and comply
with, the codes and guidelines of AMSRS, AMSRO, and ESOMAR.
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.
Refer
to www.esomar.org/codes for
information on codes and guidelines for ESOMAR members.
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