Terms of Business

Thinkfield Terms of Business

 

About these Terms and Conditions
Together with the quotation, these Terms of Business (Terms) form the entire agreement between West Coast Field Services, trading as Thinkfield (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 Thinkfield personnel and the research client.

A copy of these terms can be obtained by contacting Thinkfield on 9316 3366 or emailing john@thinkfield.com.au.

  1. Commissioning
    The acceptance of our quotation constitutes an order for Thinkfield to undertake the project as outlined in the quotation document. These Terms of Business and the quotation constitute the entire agreement and supersede any prior negotiations, representations, understandings or arrangements made between Thinkfield and the research client in relation to the particular research project.
  2. Quotes on Basis of Information provided.

The quote for a project are based on the quoted survey duration, and incidence rates of the target survey sample.  A variation in either the interview length or the actual incidence rates in the target community (by more than 5%) has the potential to materially affect costs, and we reserve the right to renegotiate the project costs. The accuracy of the quote for a project is relative to the information provided for costing.

  1. Project management

Any significant communication that affects the fees, scope, content, or deliverables of the project should always be communicated in writing (e.g. by email).

  1. Client input
    Thinkfield relies on timely client delivery of materials and data files necessary for the preparation for or implementation of the project. As such, failure to achieve timely client feedback may have a detrimental impact on agreed deadlines and deliverables.
  2. Fees and price quotations
    Unless otherwise stated, all fees are quoted in Australian dollars. The 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

  1. Disbursements & Incentives
    Whilst generally covered in the project quotation, any ADDITIONAL 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.

Incentives provided by Thinkfield on behalf of the client must be paid in full prior to the commencement of the project, unless otherwise agreed.  Provision of incentives attracts a 10% handling charge, unless otherwise agreed.

  1. Invoicing and Credit Policy

Thinkfield’s normal trading terms are to invoice 50% of the total project value upon commissioning.

Thinkfield invoices are payable in 14 days.

Should the client default in payment of any monies due then all monies due to Thinkfield shall immediately become due and payable within 7 days of the date of demand, and Thinkfield 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 Thinkfield receives payment at such rate, up to but not exceeding 2% per month.

Any expenses, costs or disbursements incurred by Thinkfield 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.

Thinkfield 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 Thinkfield’s finance department on +61 (0)8 9316 3366.

  1. 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 Thinkfield.

In the event the project is cancelled or postponed by the client, Thinkfield reserves the right to invoice for all costs and executive time incurred on the project between commissioning and receipt of written notice (email is acceptable) of cancellation or postponement is received by Thinkfield.

  1. Retention of records
    Unless otherwise instructed, Thinkfield 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 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.

  1. 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 9316 3366 or by email john@thinkfield.com.au.
  2. Confidentiality
    Thinkfield 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 Thinkfield or by the research client, unless express permission is granted from the respondent).

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.

Thinkfield 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.

Thinkfield 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 Thinkfield, 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 Thinkfield 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 Thinkfield.

Any business intelligence or other information acquired by research clients while dealing with Thinkfield may not be disclosed to another third party or be used by the research client to Thinkfield’s detriment.

Thinkfield adheres to the AMSRO Privacy Principles available at http://www.amsro.com.au.

  1. Intellectual property
    In accordance with the AMSRS Code of Professional Behaviour, quotes prepared by Thinkfield remain the property of Thinkfield and are prepared purely for confidential use by the research client in considering 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 Thinkfield.
  2. Limitation of liability
    Thinkfield does not accept responsibility for the parameters of the project that are set by the research client. While Thinkfield 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.

Thinkfield’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.

Thinkfield 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.

Thinkfield’s total liability to the research client (and persons claiming through the research client) will not in any circumstances exceed the fees paid to Thinkfield 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.

Thinkfield 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.

Thinkfield will make all reasonable efforts to meet the project schedule set out in the quotation. However times specified are only approximate and not binding.

15.Governing Law
The contract between Thinkfield 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.

  1. About Thinkfield
    West Coast Field Services LLP T/As Thinkfield ABN 26 4430 98853. Registered company address Suite 7, 250 – 252 Oxford Street, Leederville, Western Australia 6007.  Postal address: PO Box 27, Leederville, Western Australia 6902.  Telephone +61 (0)8 9316 3366.
  2. Industry information
    Staff and management of Thinkfield 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.

  1. Force Majeure

Thinkfield 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 Thinkfield’s control.