1. Services

We will provide market research services which are set out in the Proposal, Estimate of costs or Quotation subject to these Terms. We will provide these services in accordance with the Market Research Society’s Code of Conduct. We will also comply with the requirements of the Data Protection Act 1998, and, from 25th May 2018, the General Data Protection Regulations (GDPR).

2. Basis of agreement

These Terms and the Proposal constitute the entire agreement between the Client and the KPHOTONE. Acceptance of the proposal or quotation and commissioning of the project will be taken as acceptance of these Terms and Conditions. If any of these Terms are inconsistent with any terms and conditions issued by the Client, these Terms shall prevail. Any alteration to these Terms, the proposal or quotation must be agreed by the KPHOTONE in writing.

3. Proposals, quotations, and fees

All proposals and quotations made by the KPHOTONE will remain valid for two months from the date of submission.
Fees and timings quoted in proposals and quotations are estimated in accordance with the specific project requirements and any assumptions detailed in the proposal. If project objectives, requirements, timescales, or assumptions on which the quote is based change in any way, the KPHOTONE reserves the right to review the fee and timings agreed.
All fees quoted will be exclusive of VAT which will be added to the fee at the appropriate rate at the time of invoicing.

4. Commissioning of services

KPHOTONE requires written confirmation to commence a project.

5. Terms of payment

Unless otherwise agreed in writing on commissioning payment will be invoiced as follows:

• An invoice for 50% of the full agreed amount for the services plus VAT shall be issued by the Company to the Client on commissioning of the survey
• On completion of the services, delivery of research information, and/or reports a second invoice for the remaining 50% of the agreed fee plus VAT shall be invoiced. The second invoice will include any additional fees incurred by the Company and agreed by the Client in writing.

Additional fees include, without limitation, charges for reasonable supplementary expenses such as hotel, travel, and subsistence costs if not included in the original quotation or proposal. The Company reserve the right to charge an additional 10% on expenses to cover our administration costs.

All invoices are to be settled within 30 days of the date of the invoice unless otherwise agreed by the Company in writing. We reserve the right to charge interest on all sums outstanding after this date at a rate of 4% above the base lending rate of National Bank, accruing on a daily basis until payment is made.

If as a result of any act or omission of the Client additional costs are incurred by the Company in carrying out the agreed services (for example it becomes liable to pay postponement or cancellation fees to its subcontractors) the Client shall be liable to reimburse the KPHOTONE of the additional costs.

Payments to the KPHOTONE are not dependent upon any payments which may be due to the Client from a third party.

6. Cancellation and postponements

If the Client cancels or postpones the Contract at any time after the KPHOTONE has been commissioned, the Client shall be liable to pay all of the costs incurred by the KPHOTONE whether actual or committed in connection with the Contract. The KPHOTONE reserve the right to charge an additional 10% on expenses to cover administration costs.

7. Limitation of liability

KPHOTONE will make all reasonable effort and endeavor to ensure the accuracy of all results provided to the Client as part of the Contract. KPHOTONE does not accept any responsibility for any loss, damage, or expense arising from the use of, interpretation of, or reliance on research results, findings, analysis, or recommendations (whether written or oral) provided by the KPHOTONE

In the event of an error on the part of the KPHOTONE in any documents, data, or reports supplied to the Client, KPHOTONE will take all reasonable steps to correct the error at its own expense but will not be liable for any loss or damage arising from the error.

KPHOTONE does not exclude or restrict its liability for personal injury or death as a result of the Company’s negligence.

This clause 12 will survive termination of the Contract

8. Timings

KPHOTONE will endeavor to meet any timings specified in the Contract, however, these timings are estimates only and shall not be conditions of the Contract. KPHOTONE will not be responsible for any losses or damages arising as a result of a failure to meet any such dates.

9. Sub-contracting

KPHOTONE may at its discretion sub-contract parts of the work carried out as part of the Contract to third parties. The company will ensure that any sub-contractors selected by it conform to the Market Research Society’s Code of Conduct (or equivalent if overseas) and the GDPR.

10. Privacy and cookies

Our Privacy Policy and Cookies Policy form part of these Terms. By using our website or our Services you consent and agree to the processing of your personal information and our use of cookies in accordance with these policies.