Showbrands Pty Ltd
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 Showbrands Pty Ltd (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 Showbrands Pty Ltd personnel and the research client.
A copy of these terms can be obtained online at www.showbrands.com.au
The written acceptance of our proposal (or quotation) constitutes an order for Showbrands Pty Ltd to undertake the project as outlined in the proposal or quotation document.
3. Project management
Where possible, Showbrands Pty Ltd will offer a single point of contact throughout the project. 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 by email.
4. 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.
5. Invoicing and Credit Policy
For research projects of less than 4 weeks duration Showbrands’ normal trading terms are to invoice 50% upon client approval of the proposal (quotation), and 50% upon delivery of the final report.
For research projects of more than 4 weeks duration Showbrands’ normal trading terms are to invoice 30% upon client approval of the proposal (quotation), 30% mid way through the research period and 40% on delivery of the final report.
Showbrands’ invoices are payable on 14 days.
Should the client default in payment of any monies due then all monies due to Showbrands Pty Ltd shall immediately become due and payable within 7 days of the date of demand, and Showbrands Pty Ltd 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 Showbrands Pty Ltd receives payment at such rate, up to but not exceeding 2% per month.
Any expenses, costs or disbursements incurred by Showbrands Pty Ltd 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.
Showbrands Pty Ltd 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.
6. Project postponement or cancellation
Unforeseen changes to the scope or project schedule made by the client, or caused by the content provider or broadcaster, may incur additional fees if time or expenses have already been incurred by Showbrands Pty Ltd.
In the event the project is cancelled or postponed by the client, Showbrands Pty Ltd 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 Showbrands Pty Ltd.
7. 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, Showbrands Pty Ltd requires notification in advance, and the precise text must be approved by Showbrands Pty Ltd personnel prior to publication.
8. Retention of records
Unless otherwise instructed, Showbrands Pty Ltd will keep all research data (e.g. data files, final reports, presentations, etc) for a minimum period of two years after the completion of the project.
Showbrands Pty Ltd 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.
9.1 Respondent Confidentiality.
Unless explicit permission has been given by individual respondents, respondent identity cannot be revealed to the research client under any circumstance.
9.2 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.
Showbrands Pty Ltd 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 Showbrands Pty Ltd , 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.
9.3 Our Confidentiality.
Information disclosed by Showbrands Pty Ltd 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 Showbrands Pty Ltd.
Any business intelligence or other information acquired by research clients while dealing with Showbrands Pty Ltd may not be disclosed to another third party or be used by the research client to Showbrands’ detriment.
Showbrands Pty Ltd adheres to the AMSRO Privacy Principles available at www.amsro.com.au.
10. Intellectual property
Research proposals and quotes prepared by Showbrands Pty Ltd remain the property of Showbrands Pty Ltd 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 Showbrands Pty Ltd.
11. Limitation of liability
Showbrands Pty Ltd does not accept responsibility for the parameters of the project that are set by the research client. While Showbrands Pty Ltd 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.
Showbrands’ 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.
Showbrands Pty Ltd 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.
Showbrands’ total liability to the research client (and persons claiming through the research client) will not in any circumstances exceed the fees paid to Showbrands Pty Ltd 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.
Showbrands Pty Ltd 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.
Showbrands Pty Ltd will make all reasonable efforts to meet the project schedule set out in the proposal. However times specified are only approximate and not binding.
12. Governing Law
The contract between Showbrands Pty Ltd 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 New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
13. Force Majeure
Showbrands Pty Ltd 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 Showbrands’ control.
About Showbrands Pty Ltd
Registered company address:
107 West High Street,
NSW 2450, Australia.
33 / 21 - 27 Holborn Ave
NSW 2099, Australia.