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 EMRS (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 EMRS personnel and the research client.

A copy of these terms can be obtained by contacting EMRS at enquiries@emrs.com.au

2. Commissioning

The acceptance of our proposal (or quotation) constitutes an order for EMRS to undertake the project as outlined in the proposal or quotation document. These Terms of Business and the proposal (or quotation) constitute the entire agreement and supersede any prior negotiations, representations, understandings or arrangements made between EMRS and the research client in relation to the particular research project.

3. Project Management

EMRS will assign a qualified research staff director or manager to each research project from proposal (or quotation) stage through to the production of the project deliverables. 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 (e.g. by email).

4. Client Input

It is inevitable that some level of client feedback is essential in progressing through the stages of the research project, for example, in terms of approving questionnaire documents or providing feedback relating to draft reports. This is essential to ensure the research fully meets the client objectives. In most cases this will be requested in writing. EMRS relies on timely client feedback and approval in designing and adhering to project timelines. As such, failure to achieve timely client feedback may have a detrimental impact on agreed deadlines and deliverables.

Once the draft report is submitted to the client for feedback, after four (4) weeks to review the draft report EMRS will assume that no changes are required and will make the report final. Changes after the fourth week may incur additional charges.

5. 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.

6. Disbursements

Price quotations in Australian dollars are valid for 90 days unless otherwise agreed in writing.

7. Invoicing and Credit Policy

Unless otherwise stated in the research proposal, EMRS’ normal trading terms are to invoice 50% upon commissioning (and at the commencement of the project) and 50% upon completion.

EMRS’ invoices are payable 14 days from the date of issue. Should the client default in payment of any monies by the due date, then all monies due to EMRS for the entire project shall immediately become due and payable within 7 days of the date of demand. EMRS shall be entitled to charge interest on all amounts not paid by the due date for payment, and the client undertakes to pay the interest charged. Such interest shall be calculated daily from the due date for payment until EMRS receives payment at such rate, which will be the monthly Westpac 30-Day Term Deposit Rate.

Any expenses, costs or disbursements incurred by EMRS in recovering outstanding monies, including agency fees and solicitor costs, shall be paid by the client, providing that those fees do not exceed the scale of charges as charged by the debt collection agency/solicitor.

EMRS 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 the payment of the account.

These terms may be varied by mutual consent.

For invoicing enquiries, please contact EMRS Accounts on accounts@emrs.com.au

8. Project Postponement or Cancellation

Unforeseen changes to the scope or project schedule made by the client may incur additional fees if time or expenses have already been incurred by EMRS.

In the event the project is cancelled or postponed by the client, EMRS 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 EMRS.

8.1 Notice of 24 hours is required to cancel or postpone fieldwork (including computer-assisted telephone interviews – CATI). In circumstances where it is necessary to cancel or postpone fieldwork, and this is due to the action (or inaction) of the client, EMRS will invoice the client for all direct costs resulting from the cancellation or postponement, including all call centre costs on the first night. This includes but is not limited to wages, salaries, travel, and utility costs.

9. 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, EMRS requires notification in advance.

10. Retention of Records

Unless otherwise instructed, EMRS keeps primary field materials (e.g. hard copy questionnaires) for twelve months after the completion of fieldwork. All research data (e.g. data files, final reports, presentations, etc.) will be kept for a minimum of two years after the completion of the project.

Any respondent completed questionnaires or recordings that clients wish to view or retain will have personal identification of respondents removed before they are forwarded. Handling and forwarding costs associated with this may be invoiced as a disbursement.

11. Feedback

If you have any constructive feedback, are unhappy with any level of service, or wish to register a complaint, please contact our Quality Manager on +61 3 6211 1222 or by email enquiries@emrs.com.au

12. Confidentiality

EMRS 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.

12.1 Respondent Confidentiality

Unless explicit permission has been given by individual respondents, respondent identity cannot be revealed to the research client under any circumstance.

Participants in groups/interviews will be asked to provide written consent for the group/interview to be recorded on the understanding that the recording is made solely for the purposes of undertaking the specific research project.

At no stage can/will these recordings be used for internal or external marketing purposes (by EMRS or by the research client).

If any member of the client organisation or associate recognises a participant while observing a group/interview (or a recording thereof), it is the responsibility of that individual to make the fact known and must immediately remove themselves from the viewing/observation situation.

EMRS reserves the right to prohibit the distribution of recordings to client representatives, to protect respondent confidentiality.

12.1 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.

EMRS 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 EMRS 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.

12.2 Our Confidentiality

Information disclosed by EMRS 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 EMRS.

Any business intelligence or other information acquired by research clients while dealing with EMRS may not be disclosed to another third party or be used by the research client to EMRS’s detriment.

EMRS adheres to the ADIA Privacy Principles available at www.adia.com.au

13. Intellectual Property

In accordance with the AMSRS Code of Professional Behaviour, research proposals and quotes prepared by EMRS remain the property of EMRS 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 EMRS.

14. Limitation of Liability

EMRS does not accept responsibility for the parameters of the project that are set by the research client. While EMRS 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.

EMRS’ 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.

EMRS 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.

EMRS’ total liability to the research client (and persons claiming through the research client) will not in any circumstances exceed the fees paid to EMRS 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.

EMRS is not liable to research clients for any consequences because 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.

EMRS will make all reasonable efforts to meet the project schedule set out in the proposal. However, times specified are only approximate and not binding.

15. Governing Law

The contract between EMRS and the research client, its meaning and interpretation and the relationship between the parties are to be governed by the laws of Australia.

16. About EMRS

EMRS is the trading name under Enterprise and Market Research Services Ptd Ltd, ABN 29 009 546 561

Registered company address of: 60 Main Road, Moonah, TAS 7009 Australia
Postal address: PO Box 402, Moonah, TAS 7009 Australia
Telephone: 03 6211 1222
Fax: 03 6211 1219

17. Industry Information

Staff and management of EMRS are bound by, and comply with, the codes and guidelines of The Research Society. Refer to https://www.oaic.gov.au/privacy/privacy-registers/privacy-codes-register/privacy-market-and-social-research-code-2021 for more information on codes and guidelines of the Australian Market and Social Research Society.

18. Force Majeure

EMRS 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 EMRS’ control.