Terms and Conditions Inclusive of All Services

These terms and conditions govern all services (the "Services") between you ("Client") and M3 Global Research, a division of M3 Inc. (hereinafter, "M3"), unless otherwise agreed to in writing by all parties. M3 is not bound by conditions printed or appearing on statements of work, purchase orders or instructions issued by Client that conflict with these terms and conditions without M3's prior written consent.

  1. Terms & Conditions Inclusive of All Market Research Services
    1. Proposals and Quotations
      1. Proposals and quotations:
      2. All quotes submitted by M3 are free of obligation. A quote shall be considered as having been accepted and a contractually binding agreement formed once M3 and Client have signed the Project Agreement (the "PA"). References in these terms to "this Agreement" will refer to the PA and these terms.
      3. Quotation Restrictions:
      4. All quoted costs and timings are conditional and may change if final requirements differ from those provided in the quote.
      5. Delivery Date:
      6. Delivery dates may be delayed by unforeseen circumstances or factors beyond M3's control. M3 shall notify Client as soon as practicable in the event it anticipates a delay.
    2. Panel Integrity
      1. Client Commissioned Recruitment Partners:
      2. If Client plans to commission the services of another fieldwork agency for the same project, this must be disclosed to M3 prior to the commencement of the project and/or prior to commissioning of the other fieldwork agency.
      3. Re-contact:
      4. If Client requires Data Subject Personal Data (as defined in Section C.1. below) to re-contact Data Subjects after the close of the survey Client must inform M3 prior to the launch of fieldwork. Re-contact is not permitted without the prior written consent of the Data Subject and M3.
      5. Project break off:
      6. M3 reserves the right to close and invoice any survey which has remained in field for longer than 6 weeks without progress or upon receiving instruction from Client. Upon such closing, the project management fee and the minimum fee, if applicable, shall be due. If Client decides to reopen the same survey, a new project management fee and minimum fee may be charged.
      7. Screening:
      8. In accordance with industry guidelines, the recommended maximum length of screener is 5-minutes (post compliance and adverse event text) regardless of methodology, which includes project introduction, sub-questions, segmentation and demographic questions.
        Screeners must be used for recruitment purposes only and not data collection.
        In order to keep screeners within the allotted timing:
        1. For qualitative project work, 12 questions is a maximum reasonable screener length.
        2. For quantitative project work, 10 questions is a maximum reasonable screener length.
        3. If Data Subjects screen out after the maximum reasonable screener length, they must be fairly compensated. Note that costs, feasibility and timings could be negatively impacted for surveys with screeners that exceed the maximum reasonable screener length. The screener length is included in the overall length of the survey when calculating length of interview.
    3. Survey Quality
      1. Sample Delivery Process:
      2. At the start of each project, Client and M3 will determine the exact profile of the persons eligible to participate in a survey ("sample"). M3 will direct the sample to (i) surveys hosted by us for Client, (ii) surveys programmed and hosted on Client's computer systems and servers, or (iii) on the computer systems and servers maintained by others on Client's behalf.
        Our obligation to direct sample to Client surveys is subject to our determination that the sample consists of a sufficient number of potential Data Subjects to meet the delivery level and other terms set forth in the PA.
      3. Our Commitment to Service:
      4. M3 will use commercially reasonable means to secure the agreed sample using the methodology described above. In the event M3 is unable to provide a sufficient number of Data Subjects, Client will be charged for only the number of completes. Recruitment of an insufficient number of Data Subjects shall not be a breach of the PA.
      5. Questionnaire Quality:
      6. Prior to commencement of the Services, M3 has the right to review and approve (or reject) each survey for which it will supply a sample. Surveys may be undertaken only for market research purposes. In no event shall M3's approval of a survey be construed as M3 providing any representation or warranty regarding, and M3 disclaims any liability for, the legality, quality, and/or contents of the survey.
      7. Drop-Outs:
      8. A "drop-out" is a potential Data Subject who is eligible after the screening questions but does not complete the survey. If the drop-out rate exceeds 20 percent (20%) of potential Data Subjects for such survey, it is assumed that either (i) there is a technical problem, or (ii) that the survey is overly complex or incomprehensible. Whilst every reasonable effort will be made to ensure that each survey fielded is suitable for the applicable market, irrespective of if the dropout rate is above 20% then M3 reserves the right to reassess all costs, feasibility and timings.
      9. Feasibility and Incidence:
      10. M3 proposals assume feasibility and cost based on an assumed incidence rate. If the incidence rate is lower than assumed, M3 reserves the right to revise timing, cost and project feasibility.
      11. Incentives, Incentive Caps and Fair Market Value:
      12. The incentives stated in the quote are estimated based on the length and complexity of the project. M3 uses proprietary methodology to determine the final amount, nature, and means of payment of incentives, which may differ from the quoted amount. Unless otherwise set forth in the PA or agreed to in writing, M3 will invoice the quoted incentive amount.
        Client is responsible for disclosing to M3 any caps on incentives required by the sponsor (Incentive Caps) and/or FMV restrictions in local currency at the bid request stage. If Incentive Caps or/ FMV rates are introduced after timing, cost and project feasibility have been established, M3 has the right to re-cost, re-assess feasibility and timeline or decline the project at our discretion. Cancellation fees may apply if a project is cancelled due to Client providing notice of Incentive Caps or FMV rates after project feasibility has been established.
      13. Operating Hours:
      14. Unless otherwise agreed, M3 will not start a survey after 4:00 p.m. (local time for the project manager responsible) in order to avoid over-recruitment outside of office hours, control the survey and provide panel support. Weekend/holiday support may be available with advanced notice, provided that additional charges may apply.
      15. Outsourcing:
      16. M3 may be required to outsource certain parts of the project to subcontractors. All subcontractors are required to sign confidentiality and data protection agreements that comply with Client specific standards.
    4. Survey Responses
      1. No warranty:
      2. M3 makes no representations or warranties regarding, and expressly disclaims any liability for, unsuitable responses generated by Client developed materials and/or the appropriateness or usefulness of the data gathered.
      3. Removal of Completes:
      4. Client is responsible for ensuring that questionnaires are accurately designed and include sufficient logic to ensure quality responses. A complete may be removed only if the following criteria have been met:
        1. Timeframe
          1. Flagged to M3 in real-time where possible, but in no event later than 2 business days of completion by the Data Subject.
        2. Reasons for removal
          1. Bad Open-Ends (key tapping, profanities)
          2. Length of Interview (LOI) less than 30% of median LOI across similar routing
          3. Failure to follow multiple instructional responses (e.g. "Answer 2 to this question") and/or providing contradictory responses on two simple questions (e.g. Number of patients on a drug higher than number of patients treated.)
          4. Straight lining across more than 50% of grid questions (minimum of 4 grid questions with at least 5 answer options) on studies with an LOI of less than 45 minutes - it is advisable to discuss flatlining and prevention thereof through questionnaire design during the set-up phase
        The full cost per interview applies to all completes that do not meet the above criteria.
      5. Adverse Event Reporting:
      6. If Adverse Event (AE) reporting is required, additional charges may apply based on the specific process and administration required. It is Client's responsibility to inform M3 of specific AE reporting requirements. Pursuant to privacy and data security best practices, M3 will forward AE reports directly to the end client / Marketing Authorization Holder (MAH). To minimize the overall number of transfers of Personal Data in compliance with GDPR Privacy by Design and Default obligations, M3 will not copy Personal Data associated with AE reports to the market research agency.
  2. General Terms for All Services
    1. Personal Data, Compliance and Restrictions on Disclosure
      1. Anonymity:
      2. Client will not collect or attempt to collect any personal data from any Data Subject. Personal data includes any information that would allow Client to identify a Data Subject at any time in the future, including, but not limited to, name, address, e-mail address and IP address ("Data Subject Personal Data") without the written agreement of M3.
        Except as agreed by M3 and with respect to "session cookies", Client will not append cookies or other electronic tags to the browser of any potential Data Subject. Client shall abide by all guidelines for marketing research as published and periodically amended by American Marketing Association (AMA), MRA, Intellus, Insights Association, BHBIA, EphMRA and ESOMAR.
      3. Data Protection:
      4. Each party represents, warrants and covenants to cause their employees and/or agents to, abide by and comply with any and all applicable international, national, federal, state and/or local laws, rules, regulations, requirements, statutes, codes, decisions and opinions, including but not limited to the General Data Protection Regulation ("GDPR") (Regulation (EU) 2017/679), the U.S. Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), , the United States CAN-SPAM Act ("CAN-SPAM"), the Gramm-Leach-Bliley Act ("GLBA"), the Children's On-Line Privacy Protection Act ("COPPA"), individual US State Privacy Laws, the code of the Insights Association (www.insightsassociation.org), and any amendments thereto, in connection with collection, storage, maintenance, processing, use and/or disclosure of Participant Identifiable Information, only as permitted by this Agreement.
        If Client receives delivery of Data Subject Personal Data, Client shall:
        1. use the Data Subject Personal Data solely and exclusively for the specific purpose set forth in the PA and for no other use.
        2. not use or disclose the Data Subject Personal Data for any other purpose, including, without limitation, marketing, selling or influencing the opinions or decisions of any Data Subject.
        3. not use such information to recruit, or attempt to recruit, any Data Subject into any online or offline panel or community, or for any other market research activities. For each Data Subject approached for recruitment in breach of this Section, Client shall pay to M3 a fee equal to $10,000. If M3 can demonstrate Client attempted to recruit at least one Data Subject, Client shall be required to prove which Data Subjects they have attempted to recruit or the fee for total number of Data Subject provided will be due.
        4. not disclose the Data Subject Personal Data to any third party without the prior written authorization from M3. Any authorization to transfer Data Subject Personal Data to a sub-processor is subject to a contract being in place which imposes the data protection obligation as set out in Article 28(3) of the General Data Protection Regulations (GDPR) on the sub-processor. Client is liable for their third party's compliance with all data protection obligations.
        5. ensure appropriate technical and organizational measures are in place to ensure the security of any Data Subject Personal Data they process which may include as appropriate; encryption and pseudonymization, the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, the ability to restore access to personal data in the event of an incident and processes for testing and assessing the effectiveness of the measures. This also applies to any sub-processors contracted by Client to process Data Subject Personal Data.
        6. destroy Data Subject Personal Data upon the completion of the permitted research activities.
        7. indemnify and hold harmless M3 against any claim arising from Client or third parties' negligent handling or misuse of the Data Subject Personal Data.
        8. notify M3 within 24 hours should any suspected or actual breach of Data Subject Personal Data occur.
        9. notify M3 within 24 hours should Client receive any requests from data subjects who wish to exercise their rights under any applicable Data Protection Laws.
        If Client, its affiliates or agents process Data Subject Personal Data from the UK or EEA in a manner that involves the transfer of, or access to such Personal Data from any country outside of the UK/EEA, Client agrees to protect the Personal Data in compliance with GDPR restricted transfers, including:
        1. if the transfer is to the United States, the receiving entity is certified under the Data Privacy Framework; or
        2. it has executed and filed Binding Corporate Rules with the applicable Data Protection Authority; or
        3. it will enter to Standard Contractual Clauses in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) with the UK addendum as applicable; or
        4. The receiving country has received an adequacy decision from the EU and/or UK as applicable.
        To the extent Client is certified under the Data Privacy Framework with respect to processing Data Subject Personal Data, Client agrees to maintain such certification for so long as it has such data and to notify M3 without undue delay if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles. The parties agree to work in good faith to put in place a replacement legal data transfer mechanism in such a case.
      5. Compliance with Laws:
      6. M3 complies with all applicable laws, regulations and industry codes of practice relevant to the Services (including but not limited to Insights Association, Intellus, EphMRA, ICC/ESOMAR, EFPIA and BHBIA codes of practice and frameworks (as applicable). When commissioning M3 with a project, Client is agreeing to be bound by these codes.
    2. Mutual Confidentiality
      1. Each party agrees to treat as confidential all data, processes, software, methodologies, ideas, improvements, features, customizations, enhancements, inventions, know-how or other intellectual property created, invented, conceived, developed or reduced to practice by the other party in connection with the services (the "Intellectual Property"), together with any other information provided to it by such party (collectively, the "Confidential Information"), whether before or after the execution of this Agreement; provided that, the term Confidential Information shall not include any information that is (i) publicly known or becomes publicly known through no breach of this Agreement by the party receiving or accessing the Confidential Information (the "Receiving Party") or on the Receiving Party's behalf, (ii) rightfully received from a third party without an obligation of confidentiality to the disclosing Party with respect to the information received, (iii) approved by the disclosing Party for disclosure; (iii) was already known to the Receiving Party free of any obligation to keep it confidential at the time of its disclosure by the disclosing Party, or (iv) is independently developed by the Receiving Party without utilizing the Confidential Information of the disclosing Party. Client acknowledges and agrees that the names of all Data Subjects and the amounts of compensation paid to Data Subjects are the Confidential Information of M3. Each party will keep all Confidential Information in strict confidence, using reasonable measures at least equal to the measures it takes to protect its own confidential information, and will not itself or allow others, at any time during and for five (5) years after the expiration or earlier termination of this Agreement, to: (i) make any unauthorized use, disclosure, publication, or dissemination of the Confidential Information; (ii) disassemble, decompile, recast, or reverse engineer any of the Confidential Information or create data or works similar thereto; (iii) sell, lease, license, transfer, network, reproduce, or otherwise distribute any of the Confidential Information; (iv) copy the Confidential Information in any form except as necessary to use in accordance with this Agreement; or (v) modify, alter, delete or obscure any proprietary rights notice embedded in or affixed to any Confidential Information. Each party will ensure compliance with this Agreement by its affiliates, employees, agents, officers, directors and other representatives, and will bear responsibility for any breach of this agreement by them. Each party will return and/or destroy all Confidential Information after the termination of this Agreement or upon demand by the other party at any time (together with any copies thereof or work product with respect thereto).
      2. Each party shall retain sole and exclusive right, title and interest to, and has all patent, copyright, trademark, trade secret and all other property rights in and to all of its Intellectual Property and Confidential Information, and nothing in this Agreement will be construed as transferring any aspects of such rights to the other party or to any third party. Without limiting the foregoing, nothing herein shall be deemed to provide any rights or titles to Client with regard to M3's proprietary methodology used for providing the services, including without limitation for gathering data, compilation and analysis, tables, formats, templates and other forms of presentation, technology, systems or processes that have been or may be developed by M3, and any of its Intellectual Property or Confidential Information.
      3. Material Non-Public Information:
      4. WHILE IT IS EXPLICITLY REQUESTED THAT DATA SUBJECTS DO NOT SHARE MATERIAL NON-PUBLIC INFORMATION, CLIENT ACKNOWLEDGES THAT CONFIDENTIAL INFORMATION CLIENT MAY RECEIVE MAY INCLUDE MATERIAL NON-PUBLIC INFORMATION CONCERNING DATA SUBJECTS OR THEIR RESPECTIVE SECURITIES ("MNPI").
        1. Obligations Regarding MNPI:
          1. Client agrees to maintain the strictest confidentiality of MNPI received through the consultations.
          2. Client is expressly prohibited from: i) requesting that Data Subjects disclose any confidential or proprietary information about their employers, clients, or other professional contacts; ii) soliciting information that could be considered MNPI; or iii) attempting to gain insider knowledge through consultations.
        2. Acknowledgment of Risk. Client understands that inappropriately requesting MNPI may violate securities laws, breach professional ethical standards, result in immediate termination of the project, or potentially expose Client to legal consequences. Client acknowledges that attempting to obtain MNPI through consultations could result in civil and criminal penalties under applicable securities laws.
      5. The paragraphs entitled "Confidentiality" and "Material Non-Public Information" shall survive any termination of this Agreement. If a particular term of this Agreement is not enforceable, it shall be modified to be enforceable but regardless will not affect any other terms. M3's failure to act upon a breach of this Agreement does not mean M3 waives any rights that M3 may have. Any translation of this Agreement or our other documentation is provided for Client's convenience only and the English version will govern.
    3. Fees, Payments and Charges
      1. Programming Change Fee:
      2. The final survey will be provided to M3 electronically in Microsoft Word or compatible format prior to the start of programming. Any cosmetic or text changes that exceed 20% of the survey after programming has commenced will be subject to an additional charge based on the amount of time required to implement these changes at M3's standard hourly rate, unless set forth otherwise in the PA. Changes to the survey that are not cosmetic or text changes will be evaluated and subject to an additional charge based on the amount of time required to implement these changes.
      3. Cancellation Fee:
      4. If Client cancels a project or delays a project by ten (10) or more working days, the minimum fee shall be (i) US$500 project management fee, plus (ii) US$500 if sample selection has commenced and/or a URL has been checked. In addition, other costs relating to project set-up, management and 3rd party costs will be charged unless set forth otherwise in the PA. For projects that are already in field when cancelled, all fees, including recruitment, incentives and all 3rd party costs will be charged to Client.
      5. Minimum fee:
      6. M3 may choose to not accept any project with total fees estimated to be less than US$3,500 for quantitative work, US$4,000 for qualitative work, or one credit for expert services. M3TEOR projects will follow Section VII.B herein. If a project is accepted but the volume falls short of the estimate, the minimum fee for the project shall be an amount agreed upon by M3 and Client and set forth in the PA.
      7. Translations:
      8. Translation costs are estimated based on the information given in Client's bid request.
        1. The cost for translations of the questionnaire or discussion guide is estimated to be at 130 words per minute of survey length. This may increase or decrease based on the actual number of words translated. Hourly editing fees will be implemented for changes after translations have commenced.
        2. The cost for the translation of the open-ended questions is an estimate based on an average number of words (8 words per open-end). This may increase or decrease based on the actual number of words translated.
        3. The non-English versions will be similar to the English version in logic and in question order, except for the language. The non-English versions will be created after the English version has been finalized.
        4. M3 recommends against back translations of the questionnaire from native language to English as interpretations of the material may vary widely from the sourced document and from one translation company to another.
      9. Conditions of Payment:
        1. Invoices are due and payable within 30 days of the date of issue of invoice unless otherwise agreed in writing.
        2. All charges are stated exclusive of VAT, unless the context requires otherwise.
        3. If Client does not pay invoices when due, M3 may:
          1. With not less than seven (7) days prior notice to Client, suspend the provision of any or all of survey services; and
          2. charge Client interest on the overdue amount at the rate of 8% per year above the base rate of Barclays Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand). If M3 must initiate legal action to collect payment, Client will pay all legal fees and costs of collection.
        4. M3 shall be entitled to charge Client for any expenses reasonably incurred by M3's personnel in connection with the services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, provided that such expenses have been approved by Client (such approval not to be unreasonably withheld, conditioned or delayed).
    4. Limitation of Liability
      1. Liability:
        1. M3 will use reasonable skill and care in the provision of the services under this Agreement.
        2. Nothing in this Agreement will:
          1. limit or exclude the liability of a party for death or personal injury resulting from negligence;
          2. limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
          3. limit or exclude any liability of a party in any way that is not permitted under applicable law.
        3. M3 will not be liable:
          1. in respect of any loss of profits, income, revenue, use, production or anticipated savings;
          2. for any loss of business, contracts or commercial opportunities;
          3. for any loss of or damage to goodwill or reputation;
          4. in respect of any loss or corruption of any data, database or software;
          5. in respect of any special, indirect or consequential loss or damage.
        4. Neither party will be liable for any losses arising out of a Force Majeure Event. "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, pandemics, explosions, fires, floods, riots, terrorist attacks and wars).
        5. M3's aggregate liability under this Agreement will not exceed the total amount paid by or (if greater) payable by Client (as set out in M3's quote) for the project in question.
        6. Client represents and warrants that the content of the survey complies with the current law of the countries in which the survey is carried out. Without limiting the foregoing, Client represents and warrants that the surveys shall not contain the following: Any libelous or threatening content, or any which glorifies violence; any obscene, discriminatory, or pornographic content; software or pictures of other materials that infringe upon the rights of a trademark or copyright-holding third party; computer viruses or other programs that damage or interfere with the operation of other people's computers; chain letters, publicity, or any material aimed at promoting sales and questions concerning illegal products, substances, or acts, or violations of fair trade rules.
        7. Client agrees to indemnify and hold M3 harmless from any third-party claims that arise from any act or omission taken by Client in breach of this Agreement. Client agrees to compensate M3 for all damages and reasonable expenses caused to M3 by a third party due to such claims.
      2. In-House/Office Usage Testing:
        1. In-house/office usage testing means a survey for which a product is sent to Data Subjects at their home/office address for product testing on which their subsequent survey responses will be based.
        2. Client accepts unlimited responsibility for the products sent out by either party. Client represents and warrants that each product complies with the current law of the United Kingdom, each country in which the survey is carried out, and each country to which the products are sent. Client further represents and warrants that the product is not harmful to the Data Subjects in any way.
        3. M3 reserves the right to refuse an in-house/office usage test for reasons of safety, legality, or other reasonable considerations that M3 becomes aware of after beginning a survey.
        4. Client hereby agrees to save, protect, defend, indemnify, and hold M3 harmless from and against any and all possible third-party claims that arise from an in-house/office usage testing that breaches this Agreement. Client agrees to compensate M3 for all liabilities, demands, damages, judgments, awards, settlements, expenses, or losses, including costs of litigation and reasonable expenses incurred by M3 due to such claims.
    5. Insurance Coverage
      1. Client shall, at all times during the term of the Agreement and for a period of two (2) years after its expiration or termination, insure and keep insured with financially sound and reputable insurance companies, adequate insurance cover which in such amounts and covering such risks as are sufficient to satisfy all obligations and liabilities under this Agreement. including as a minimum but not limited to professional liability and cyber security insurance of at least $2,000,000 per occurrence.
    6. Sustainability Expectations
      1. Client agrees to the following sustainability and ethical commitments:
        1. Client shall comply with all applicable laws and adhere to ethical standards aligned with M3's sustainability and compliance expectations.
        2. Client is encouraged to adopt sustainable practices and work towards enhancing their sustainability performance, including responsible resource use and ethical business conduct.
        3. Client shall not engage in or facilitate any form of fraud, bribery, corruption, money laundering, terrorism financing, or unethical business practices.
        4. Client shall not engage in or facilitate any form of modern slavery, human trafficking, or labour rights violations and must comply with all applicable labour laws.
        5. Client shall not undertake any action that would cause M3 to be in breach of any sustainability or ethical compliance obligations.
        6. Any breach of these commitments may result in the suspension or termination of the client's access to our services.
    7. Trade Compliance
    8. Client represents and warrants that they are not listed on any national or international sanctioned party lists and that Client's engagement with M3 does not violate any applicable trade embargoes. M3 reserves the right to conduct screening checks to verify compliance. If any violations are identified, M3 may terminate Client's access to our Services in accordance with our termination provisions.
    9. Artificial Intelligence ("AI")
      1. Client agrees that M3 may use AI tools under the following circumstances:
        1. Client data is not used to train any AI models although performance can be monitored and used to guide future product development and model tuning
        2. M3 has ensured any AI providers are under the same (or stricter) contractual obligations
      2. Client shall not process any Data Subject Personal Data using an AI tool.
    10. General Provisions
      1. Client may not, without the prior written consent of M3, assign, transfer, charge, license or otherwise dispose of or deal in this Agreement or any rights or obligations under this Agreement.
      2. This Agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party.
      3. Publicity. Client understands that M3 may use Client's business name and/or logo and a brief description of how Client has used the Consulting Services in our marketing materials and on our Site.
      4. The parties hereto are independent contractors. Neither party nor its employees shall be considered the legal representative, employee, partner, joint venturer or agent of the other, nor shall either party have the right or authority to assume, create, or incur any liability or obligation of any kind, either express or implied, against or in the name or on behalf of the other party.
      5. This Agreement will be governed by and construed in accordance with the laws of country from which it emanates (i.e., UK, US or Sweden). The laws and the courts of applicable country will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
      6. All the parties' liabilities and obligations in respect of the subject matter of the Services are expressly set out in the terms of the PA and these Terms and Conditions. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of the PA and these Terms and Conditions will be implied.
  3. Additional Terms & Conditions for Online Studies Not Hosted by M3
    1. Privacy Policy
    2. Client or the 3rd party hosting company acting on behalf of Client shall develop and maintain a clear and comprehensive privacy policy and comply with its terms and otherwise comply with all applicable laws in relation to data protection and privacy.
    3. Over-Recruitment
    4. Survey programming must include hard quota stops to ensure it does not go over quota. If these are not in place, then all over quota completes will be charged at the full cost per interview price.
    5. Help Requests
    6. All help requests initiated by Data Subjects must be directed to the appropriate survey support e-mail address at M3 (the correct e-mail address will be communicated at the start of the project). M3 will give Client prompt notice of the help requests, along with the nature of the service issues.
      Client will designate a help resource to work with M3 staff to address the service issues raised by these help requests. Client will work diligently to address all help requests, and M3 reserves the right to stop delivering potential Data Subjects to any and/or all of Client's surveys until the issues that gave rise to the help requests have been resolved to M3's satisfaction.
    7. IP Blockers
    8. M3 must be informed of any application of IP blockers during the bid stage. Failure to disclose IP blockers may result in delays in fieldwork and cost increases.
    9. Data Subject Identifiers
    10. Client must communicate all Data Subject IDs and their respective survey completion status (complete, excluded during pre-screening, or incomplete) to M3 within one week of project closure. If Client fails to communicate such completion status within one week of project closure, for the full cost per interview will be due for all Data Subjects redirected to M3's "complete" end page as well as for any Data Subjects whose status is in doubt.
    11. Right to Re-Enter
    12. Unless otherwise approved in writing by M3, all Data Subjects will be allowed to leave the survey and re-enter where they left off with all previous data saved.
  4. Additional Terms & Conditions for Online Studies Hosted by M3
    1. In case of over-recruitment, Client shall pay for only the number of completes set forth in the PA.
    2. Deliverables:
      1. Raw Data file in excel, SPSS or ASCII- Costs at proposal stage assume three raw data deliverables throughout the project lifecycle. 1) Soft Launch 2) Interim 3) Final Data. Additional runs may incur additional fees.
      2. Tables- Assume 1 global table. 1 Banner. Additional runs/breaks will incur additional fees.
  5. Additional Terms & Conditions for Qualitative Studies
    1. Qualitative Cancellation or Rescheduling Policy
      1. Schedule:
      2. Upon receipt of the schedule of availability, Data Subjects can pick any time that falls into that schedule, and any time booked on the schedule is considered confirmed.
      3. Rescheduling:
      4. If Client requests that a scheduled interview be postponed/rescheduled, M3 will charge:
        1. Incentive:
          1. > 2 business days before interview - No incentive will be charged, provided that if the Data Subject is a KOL or a payer then 50% of incentive will be charged
          2. 1-2 business days before interview - 50% of incentive
          3. Within 1 business day of interview - 100% of incentive
        2. Recruitment:
          1. 25% of the recruitment fee, unless the Data Subject cannot reschedule, in which case, M3 will charge 100% of the recruitment fee and replace that candidate at the agreed pro-rata recruitment rate
      5. Cancellation:
      6. If Client requests that a scheduled interview be cancelled, M3 will charge:
        1. Incentive:
          1. > 2 business days before interview - No incentive will be charged, provided that unless if the Data Subject is a KOL or a payer then 50% of incentive will be charged
          2. 1-2 business days before interview - 50% of incentive
          3. Within 1 business day of interview - 100% of incentive
        2. Recruitment:
          1. 100% of the recruitment fee
      7. Facility cancellation/rescheduling fees:
      8. Facility cancellation and rescheduling fees will depend upon the facility. M3 reserves the right to charge for the full cancellation and rescheduling fees based on the facility's terms and conditions.
      9. Moderation: If Client cancels an interview:
        1. Less than 48hrs prior to appointment, the cancellation fee is (i) 100% of the moderation costs for a face-to-face interview, or (ii) 50% of the moderation costs for a telephone interview.
        2. More than 48hrs prior to appointment, the cancellation fee is 50% of the moderation costs for face-to-face interviews only.
      10. Simultaneous translation for phone interview: If Client cancels an interview:
        1. Less than 48hrs prior to appointment, the cancellation fee is 100% of the simultaneous translation costs.
        2. More than 48hrs and less than a week prior to appointment, the cancellation fee is 50% of the simultaneous translation costs.
      11. Simultaneous translation in facility: If Client cancels an interview:
        1. Less than a week prior to appointment, the cancellation fee is 100% of the simultaneous translation costs.
        2. More than a week prior to appointment, the cancellation fee is 50% of the simultaneous translation costs.
  6. Additional Terms for Use of Expert Network Consulting Services
    1. Services Provided – Expert Consultations
      1. M3 provides access to a network of subject matter experts ("Experts"), across various topics to provide consultation services. These consultations may be conducted via phone, video call, or in-person, as agreed upon between Client, the Expert, and M3. For the purpose of these terms and conditions, the term "Data Subjects" shall include "Experts".
    2. Scope of Services
      1. M3 will connect approved users from Client's organization with Experts to provide insights, advice, and knowledge based on the nature of Client's consultation request ("Consulting Services"). M3 does not guarantee specific outcomes from Consulting Services nor is M3 responsible for the quality, accuracy, or reliability of the information provided by Experts.
      2. Only approved users from Client's organization are eligible to speak with Experts. Approved users are those that have agreed to the Master User Agreement, Code of Conduct, and Privacy Policy on the M3Experts.com website.
      3. All interactions with an Expert introduced to Client by M3 must be coordinated through M3.
      4. Work Product. Client shall own all results and other reports completed or information generated in connection with Consulting Services, excluding the Expert's pre-existing materials.
    3. Authorization
      1. Client hereby authorizes M3 to act as Client's agent solely for the purpose of entering into agreements with Experts for the performance of Consulting Services. M3 will contract directly with Experts, but all Consulting Services rendered shall be for the benefit of Client.
    4. Research Credits
      1. Client will be required to use research credits as the unit of payment for each consultation. Research credits represent the cost of accessing the expert network and engaging in consultations.
      2. The amount of research credits required for each consultation will vary by tier. Experts are categorized into different tiers based on their level of expertise, experience, complexity of consultation, honoraria, and any other determining factor at the sole discretion of M3.
      3. M3 reserves the right to modify the number of research credits required for different tiers, subject to prior notice to Client.
      4. Research credits used for consultations are refundable after the Consulting Services have commenced only in the event that the Expert knowingly misrepresented himself or herself prior to the scheduling of such Consulting Services.
      5. Research credits purchased via an upfront subscription agreement will expire within the timeframe outlined in the subscription agreement, or within 365 days if a duration is not specified.
    5. Expert Network Cancellation or Rescheduling Policy:
      1. Rescheduling:
      2. If Client requests that scheduled Consulting Services be postponed/rescheduled, M3 will charge:
        1. Research Credits:
          1. > 1 business day before interview – No fee will be charged
          2. 24-4 hours before interview – No fee will be charged
          3. Less than 4 hours before interview – .25 research credits
      3. Cancellation:
      4. If Client requests that scheduled Consulting Services be cancelled, M3 will charge:
        1. Research Credits:
          1. > 1 business day before interview - No fee will be charged
          2. 24-4 hours before interview - .25 research credits
          3. Less than 4 hours before interview - .5 research credits
      5. Moderation:
      6. If Client cancels Consulting Services:
        1. Less than 48hrs prior to appointment, the cancellation fee is (i) 100% of the moderation costs for a face to face interview, or (ii) 50% of the moderation costs for a telephone interview.
        2. More than 48hrs prior to appointment, the cancellation fee is 50% of the moderation costs for face to face interviews only.
      7. Simultaneous translation for phone interview:
      8. If Client cancels Consulting Services:
        1. Less than 48hrs prior to appointment, the cancellation fee is 100% of the simultaneous translation costs.
        2. More than 48hrs and less than a week prior to appointment, the cancellation fee is 50% of the simultaneous translation costs.
  7. Additional Terms for Use of M3TEOR
    1. Credit Usage
    2. Credits must be purchased in advance for use within the M3TEOR platform. Credits are non-refundable and subject to the terms outlined below.
    3. Project Minimum & Top-Up Policy
    4. A minimum project value of $2,250 or 15 completed responses (whichever is higher) is required for M3TEOR projects. If a project does not meet the minimum threshold, a top-up will be applied to reach the minimum billing amount.
    5. Compliance Checks
    6. M3 reserves the right to conduct full compliance reviews of all survey content programmed by or provided by Client. M3 may request changes to survey content to ensure alignment with GDPR, BHBIA, HIPAA, or any other applicable regional market research regulations.
    7. Halting Minimum (Low Feasibility Threshold)
    8. If feasibility for a target audience is five (5) or fewer Data Subjects, M3 will temporarily pause targeting to assess the risk of personally identifiable information (PII) exposure. In such cases, the M3 Sales Point of Contact (POC) will take over and advise on next steps.
    9. Project Agreement (PA)
    10. By clicking the acceptance box and launching the project, clients acknowledge agreement to these terms and conditions.
    11. Feasibility Monitoring
    12. If feasibility checks show patterns outside of standard or acceptable usage, M3 reserves the right to temporarily pause feasibility calculations pending review.
    13. Credit Purchase Contingencies
    14. Credits expire 12 months (1 year) from the date of purchase. Unused credits may be renewed within 6 months of expiration by applying a minimum 15% renewal fee based on the remaining credit balance. Renewal resets the 12-month clock for newly purchased credits and the unused credits from the prior term.
  8. Additional Terms for Use of Quick Charts
    1. Report Expiration & Archiving
    2. Reports will remain active and accessible for three (3) months after invoicing, after which they will be archived.
      Archived reports may be unarchived on demand for a fee.
      A maximum of three (3) reports can be maintained in an active state per user/account at any given time.