All work undertaken by Research Plus is subject to the following terms of business, unless otherwise agreed in writing. This agreement together with any documents annexed hereto or referred to herein constitute the entire agreement between Research Plus and the client. No amendment or purported amendment shall be effective unless the same shall be in writing. Any such amendment shall not affect the other provisions hereof. If there is any inconsistency between the terms and conditions set out herein and any terms and conditions proposed by the client, those herein shall prevail.
1. In all matters, Research Plus adheres to the Codes of Conduct of the European Society for Opinion and Marketing Research (ESOMAR) and follows the rules of the GDPR.
2. Unless otherwise agreed in writing, the name of the client commissioning the research is confidential and the findings of the research are confidential to the client. The method of conducting a research project must be approved by the client in advance based on the research proposal made by Research Plus stating the nature of the services and prices. Regarding the international studies, research adjustments may be required in order to comply with local legislation (in particular with respect to privacy and confidential data) or local research practices in accordance with the local professional rules or standards. Such local adjustments will be notified to the client without any other consequence for the project.
3. The identity of respondents is not revealed, either to client or to any third party, although in cases where a respondent is speaking, not as a private individual but as the officer of an organisation, we may keep, and communicate to the client, a list of such organisations provided that no information which specifically relates to any particular organisation is being revealed. This clause will not apply where respondents have expressly consented to their names being revealed to the client.
4. All reasonable steps are taken to ensure that respondents are not in any way adversely affected or embarrassed by any interview.
5. Unless agreed to the contrary, completed questionnaires and other forms used in the fieldwork i.e. during the information collection process, as well as data files, are the exclusive property of Research Plus. We will destroy such materials in accordance with the provisions of the current ESOMAR Code of Conduct. Therefore, Research Plus will preserve the survey records for one year and the data carriers for two years unless expressly agreed otherwise.
6. Every report issued will indicate on behalf of whom and by whom the sample survey was conducted; the purpose of the survey; the method; a definition of the population sampled; the size and nature of the sample; the method by which the information was collected; the questions asked; the dates on which the fieldwork was conducted and the bases of all percentages. Similar standards are applied to desk research based on published material. The cost price of reports includes the supply of the number of copies mentioned in the proposal. If not expressly mentioned, three copies will be delivered. Unless otherwise agreed, reports are drafted in English.
7. Reports, and other documents relevant to the project, provided by Research Plus, become the property of the client and are exclusively for use within the client's company and its affiliated companies (including the client’s marketing, advertising and other relevant and duly authorised consultants and advisers).
8. Failing any written agreement to the contrary, all intellectual property rights, including, without limitation, all copyright and know-how with respect to the research techniques, research specifications, proposals, completed questionnaires and any other survey materials provided to the client by Research Plus, shall remain the exclusive and confidential property of Research Plus or its contracting partners and information contained therein may not be used by, or revealed to, third parties without written permission.
9. Whilst Research Plus will take all reasonable care to meet agreed deadlines, it cannot accept responsibility for any delay caused by circumstances beyond its reasonable control or for delays which Research Plus could only overcome through efforts rendering the project economically uninteresting for Research Plus. In these conditions, any significant delay shall be notified as soon as possible and the client will grant a reasonable extension of the deadline. In all other aspects, the legal provisions shall apply. Research Plus reserves the right to adjust the date of completion in the event that the agreed specifications are altered pursuant to a request from the client.
10. Unless otherwise specified, offers and proposals are valid for a period of three months from the date of issue. Until receipt of a written acceptance from the client, Research Plus reserves the right to cancel or amend all or part of an issued offer or proposal. Such cancellation or amendment will not entitle the client to any claim for compensation or performance in kind of the initial offer or proposal.
11. The prices indicated in our offers and proposals relate to the research engagement framework as described therein. Any modification to this research framework with regard to scope, phasing, method, data processing, analysis, reporting and documents to be delivered, which is made at the request of the client or, following acceptance of the offer by the client, at the request of Research Plus (such latter modification only in consultation with the client) may result in an adjustment of the indicated prices.
Unless explicitly stipulated otherwise, fees are invoiced in two instalments: 50% at the commissioning of the work, 50% at the completion of the fieldwork. Invoices are payable within 30 days from the issuing date on the bank account number indicated therein, without set-off, deduction or counterclaim. Our prices are always exclusive of VAT and the payments are to be made net costs.
Without prejudice to the other provisions hereof, in the event that full payment of an invoice is not received within due time, Research Plus will be entitled to suspend or terminate any of its services, and will automatically and without any need for a notice be entitled to interest on the outstanding amount at EURIBOR + three percent (3%) per year, with a minimum of twelve percent (12%) per year, calculated on the outstanding amount and compounded monthly, until the date of full payment of all amounts and interest due.
If any invoice issued by Research Plus is disputed in whole or in part by the client, the latter shall inform Research Plus thereof within seven (7) business days following the receipt of the relevant invoice and shall give notice of the reasons of such dispute. Such dispute shall not constitute a reason for delaying or refusing payment of the invoice.
12. Fees for projects which include foreign fieldwork or other costs having a foreign origin are based on the exchange rates prevailing between EURO and the applicable currency(ies) of the survey country(ies) on a specific date. The rates used are those listed on that specific date in the Belgian financial paper “L’Echo”. Research Plus reserves the right to adjust the final fees and costs in line with any exchange rate fluctuations during the course of the survey.
13. In the event of a study being cancelled by the client after commissioning but before commencement of the fieldwork or the study of written materials, Research Plus will be entitled to a cancellation charge of 25% of the total quoted fee. In the event of cancellation after the commencement of the fieldwork or the study of written materials, Research Plus will be entitled to charge the full fee.
14. The fees for long-term projects may be increased in the course of the project to take account of prevailing increases of costs (including salaries, foreign costs, taxes, etc.). In such event, Research Plus will duly inform the client prior to invoicing any such increase and justify it.
15. Research Plus shall not be liable to the client in any manner whatsoever, whether on a contractual basis, in tort or otherwise, for any direct, consequential or indirect loss or damage arising out of the performance or absence of performance by Research Plus of any of its obligations hereunder or in connection with any use being made of the reports and conclusions it delivers to the client. Without prejudice to the foregoing, Research Plus’s aggregate liability under or in connection with this agreement on any basis whatsoever shall in any event never exceed the amount of the fees payable hereunder.
16. Research Plus shall not be liable to any third party to whom the client has provided the report, any information resulting there from or any other documentation provided by Research Plus. Research Plus may require such third party to enter into an agreement with Research Plus with respect to i.a. confidentiality and liability matters. In the event that the client releases the report, any information resulting there from or other documentation produced pursuant to this agreement to any third party without Research Plus’s prior written consent, the client will indemnify and hold harmless Research Plus against any loss or liability incurred by Research Plus and resulting there from.
17. Research Plus does not guarantee any exclusivity for certain product fields, subject matters of research or methods of research unless same is expressly agreed. Whenever exclusivity is agreed, its duration and any additional fee resulting there from will be agreed in writing.
18. Unless otherwise agreed, all queries, communications, requests, correspondence, etc. will have to be made by the client to Research Plus. In no event, the client will directly contact Research Plus’s agents or contracting partners.
19. The possible assistance by the client in the study and its possible intervention in the performance and results of the study require a separate agreement; whereby the client is aware that Research Plus and its contracting partners are obliged to preserve the anonymity of the respondents.
20. This agreement shall be governed by Belgian law. Any dispute arising out of or in connection with the agreement shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium.