These terms and conditions govern all M3 Global Research (referred to as "M3 Global Research", "we", "us") market research services (the "Services"), unless otherwise agreed to in writing by all parties. M3 Global Research is not bound by conditions printed or appearing on statements of work or instructions issued by the client that conflict with these terms and conditions without M3 Global Research's prior written consent.
All quotes submitted by M3 Global Research are free of obligation. A quote shall be considered as having been accepted and a contractually binding agreement formed once the client returns the signed M3 Global Research Project Agreement (the "PA"). References in these terms to "this agreement" will refer to the PA and these terms.
All quoted costs and timings are conditional and may change if final requirements differ from those provided in the quote, including Methodology, Length of Interview, Screening Criteria, Additional Quotas, Geographic Distribution, Work Location.
Delivery dates may be delayed by unforeseen circumstances or factors beyond M3 Global Research's control that affect the fieldwork or the technical completion of the fieldwork. M3 Global Research shall notify the client as soon as practicable in the event it anticipates a delay.
If the client plans to commission the services of another fieldwork agency for the same project, this must be disclosed to M3 Global Research prior to the commencement of the project and/or prior to commissioning of the other fieldwork agency.
If the client requires Respondent Personal Data (as defined in Section C.1. below) to re-contact respondents after the close of the survey, such as to ask follow up questions or for another wave of the survey, the client must inform M3 prior to the launch of fieldwork. Re-contact is not permitted without the prior written consent of the respondent and M3.
M3 Global Research 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 the client. Upon such closing, the project management fee and the minimum fee, if applicable, shall be due. If the client decides to reopen the same survey, a new project management fee and minimum fee may be charged.
In accordance with industry guidelines, screeners must be used for recruitment purposes only and not data collection.
At the start of each project, the client and M3 Global Research 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 the client, (ii) surveys programmed and hosted on the client's computer systems and servers, or (iii) on the computer systems and servers maintained by others on the 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 respondents to meet the delivery level and other terms set forth in the PA.
M3 Global Research will use commercially reasonable means to secure the agreed sample using the methodology described above. In the event we are unable to provide a sufficient number of respondents, the client will be charged for only the number of completes. Recruitment of an insufficient number of respondents shall not be a breach of the PA.
A "drop-out" is a potential respondent who is eligible after the screening questions but does not complete the survey. If the drop-out rate exceeds 20 percent (20%) of potential respondents 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 if the dropout rate is above 20% then M3 reserve the right to reassess all costs, feasibility and timings.
M3 Global Research shall determine the size, nature, and means of payment of all survey incentives in its sole business discretion, subject to fair market value (FMV) restrictions. The client is responsible for disclosing to M3 Global Research 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, we have the right to re-cost, re-assess feasibility and timeline or decline the project if we feel it is no longer viable. If a project cancelled due to the client providing notice of Incentive Caps or FMV rates after project feasibility has been established, cancellation fees may apply.
Unless otherwise agreed, M3 Global Research 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.
M3 may be required to outsource certain parts of the project to subcontractors. All subcontractor are required to sign confidentiality and data protection agreements that comply with the client specific standards.
M3 Global Research 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 material gathered.
The 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 has been met:
If Adverse Event (AE) reporting is required, additional charges may apply based on the specific process and administration required. It is the client's responsibility to inform M3 Global Research 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.
The client will not collect or attempt to collect any personal data from any respondent. Personal data includes any information that would allow the client to identify a respondent at any time in the future, including, but not limited to, name, address, e-mail address and IP address ("Respondent Personal Data") without the written agreement of M3.
Except as agreed by M3 Global Research and with respect to "session cookies", the client will not append cookies or other electronic tags to the browser of any potential respondent. The 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.
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"), the California Consumer Protection Act ("CCPA"), 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 the client receives delivery of Respondent Personal Data, the client shall:
M3 Global Research 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 Global Research with a project our client is agreeing to be bound by these codes.
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. The client acknowledges and agrees that the names of all respondents and the amounts of compensation paid to respondents are the Confidential Information of M3 Global Research. 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).
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 the client with regard to M3 Global Research'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 Global Research, and any of its Intellectual Property or Confidential Information.
The final survey will be provided to M3 Global Research 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.
If the 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 the client.
M3 Global Research may choose to not accept any project with total fees estimated to be less than US$3,500 for quantitative work and US$4,000 for qualitative work. If a project is accepted but the volume falls short of the estimate, the minimum fee for the project shall be US$3,500 or an amount agreed upon by M3 Global Research and the client and set forth in the PA.
M3 Global Research proposals assume feasibility and cost based on an assumed incidence rate. If the incidence rate is lower than assumed, we reserve the right to revise timing, cost and project feasibility.
If Incentive Caps/ FMV rates are introduced after timing, cost and project feasibility have been established, we have the right to re-cost, re-assess feasibility and timeline or decline the project if we feel it is no longer viable. FMV rates must be provided in local currency, ideally at proposal stage. Cancellation of a project as a direct result of late FMV notification may result in additional charges for work conducted.
Translation costs are estimated based on the information given in the client's bid request.
Any deviation from these terms and conditions will only be valid and enforceable if agreed in writing by M3 Global Research and only applies to the assignment to which it explicitly refers. Any general terms and conditions by the client shall not apply unless the parties have agreed in writing that (parts of) said terms and conditions are applicable in addition to these terms and conditions.
The client may not, without the prior written consent of M3 Global Research, assign, transfer, charge, license or otherwise dispose of or deal in this agreement or any rights or obligations under this agreement.
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.
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.
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.
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.
All help requests initiated by respondents must be directed to the appropriate survey support e-mail address at M3 Global Research (the correct e-mail address will be communicated at the start of the project). M3 Global Research will give the client prompt notice of the help requests, along with the nature of the service issues.
The client will designate a help resource to work with M3 Global Research staff to address the service issues raised by these help requests. The client will work diligently to address all help requests, and M3 Global Research reserves the right to stop delivering potential respondents to any and/or all of the client's surveys until the issues that gave rise to the help requests have been resolved to M3 Global Research's satisfaction.
M3 Global Research 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.
The client must communicate all respondent IDs and their respective survey completion status (complete, excluded during pre-screening, or incomplete) to M3 Global Research within one week of project closure. If the client fails to communicate such completion status within one week of project closure, for the full cost per interview will be due for all respondents redirected to M3 Global Research's "complete" end page as well as for any respondents whose status is in doubt.
Unless otherwise approved in writing by M3 Global Research, all respondents will be allowed to leave the survey and re-enter where they left off with all previous data saved.
In case of over-recruitment, the client shall pay for only the number of completes set forth in the PA.