M3 (EU) Limited, trading as M3 Global Research ("M3 Global Research"), will do business with our clients under these terms and conditions. We are not bound by conditions printed or appearing on market research order confirmation forms/insertion orders (IOs) or instructions by clients which we have not authorised in writing. Sample Delivery Process: M3 Global Research will direct appropriate potential survey healthcare professionals (each individually a "potential respondent" and together the "potential respondent" or "sample") to surveys programmed and hosted on the client's computer systems and servers or on the computer systems and servers maintained by others but under the client's control, (the "sample services"). M3 Global Research's obligation to direct sample to client surveys is subject to M3 Global Research's determination that it has sufficiently appropriate sample and that it can meet the delivery level and other terms established by the client. A "complete" is the name used in the following to refer to a survey in which all questions have been answered, regardless of the answers given, and in which the respondent has not been screened out in the preliminary stages. The following conditions shall apply during the conducting of any survey using M3 Global Research services:
Upon M3 Global Research receiving a signed market research order confirmation form/insertion order (IO), M3 Global Research will use all reasonable means available to secure the pre-agreed sample size using the methodology described above. In the unlikely event of M3 Global Research being unable to provide sufficient questionnaire healthcare professionals, the client will be charged for only the number of interviews actually completed. M3 Global Research does not accept any liability in the event of the recruitment of insufficient participants.
M3 Global Research alone will determine the size, nature, and means of payment of all survey compensation.
At the start of each project, the client and M3 Global Research will determine the exact profile of the healthcare professionals eligible for participation in a survey. When M3 Global Research directs potential healthcare professionals to a client's surveys, it will mask their e-mail addresses and provide unique respondent identification numbers instead. Pre-screening surveys conducted by the client will qualify each potential respondent within the first five (5) questions. If a healthcare professional's profile is inappropriate, and s/he is screened out, s/he will be immediately routed back to a URL designated by M3 Global Research. All healthcare professionals who complete the client survey must, at the conclusion of the survey, be routed back to a URL designated by M3 Global Research.
The client shall disclose the technical and performance specifications of its software and computer systems (including the software and computer systems of others involved in conducting the surveys) so that M3 Global Research may determine their capacity and capability. The client will maintain "up time" of its systems ninety-nine percent (99%) of all times when M3 Global Research is directing potential healthcare professionals to the client. M3 Global Research reserves the right to limit the number of potential healthcare professionals sent to the client based on an assessment of the capacity of the client's software and computer systems. If the client experiences any "down time" or technical difficulties that result in its systems not being able to accept potential healthcare professionals, collect data, allow potential healthcare professionals to complete surveys, or in any other way prevent potential healthcare professionals from accessing and completing surveys, it shall notify M3 Global Research immediately so that M3 Global Research may cease directing sample to the client. In any case in which the client fails to notify M3 Global Research of any technical difficulty within fifteen (15) minutes of its occurrence, the client will be liable for the cost of sample for the entire duration of the technical difficulty as if eighty percent (80%) of the potential healthcare professionals who visited the client's site for the duration of the technical difficulty had completed and qualified for the survey to which they were directed. If the assumed incidence of potential healthcare professionals for any survey affected by a technical difficulty is greater than eighty percent (80%), then M3 Global Research will charge the client for samples delivered at the higher percentage.
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 15% 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 £100 per hour.
There will be a £650 cancellation fee if a sample selection has been executed and/or a URL has been checked and the sample deployment is delayed for ten (10) working days or cancelled entirely by the client; this charge is necessary to cover labour costs and for the restoration of files, which are automatically archived after ten (10) working days.
M3 Global Research will accept no project valued less than £1,800. If a project's volume is below such a minimum fee, M3 Global Research will charge £1,800 as a minimum fee for the project.
The client shall maintain a system of "real time reporting" that will allow M3 Global Research staff access to the client's computer systems via the World Wide Web (or such other method as the parties may agree upon) so that, for each of the client's surveys, M3 Global Research can determine: (a) the number of potential healthcare professionals directed to each survey, (b) the number of potential healthcare professionals who have completed each survey, (c) the number of potential healthcare professionals who have taken each survey and whose profiles qualify their responses as acceptable. Should the client's real-time reporting experience any down time or technical difficulties while M3 Global Research is delivering sample to a client survey that results in M3 Global Research being unable to access the information, then M3 Global Research shall have the following options: (a) to discontinue the delivery of potential healthcare professionals to any or all of the client's surveys, or (b) to continue to deliver potential healthcare professionals to the client surveys and charge the client as if eighty percent (80%) of the potential healthcare professionals directed to the client surveys during the duration of the technical difficulty had completed and qualified for the survey to which they were directed. If the assumed incidence of potential healthcare professionals for any survey is greater than eighty percent (80%), then M3 Global Research will charge the client for samples delivered at the higher percentage.
In case of over-recruitment, the client shall pay for only the number of completes originally ordered unless the client is the only party able to stop the survey upon completion of the desired number of completes. Where this is the case, the client shall immediately stop the survey and pay the total number of completes up until the moment of final closure of the survey. Where there is an over-recruitment where the client has the sole power to stop the survey, the client is responsible for full payment of all completes.
Unless otherwise agreed, M3 Global Research will not start a survey after 6:00 p.m. (local time for the project manager responsible) so as to avoid over-recruitment outside of office hours and to be able to control the survey and to do panel support.
The client must communicate all participant IDs and their respective questionnaire 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 the questionnaire completion status within one week, M3 Global Research will pay compensation to all invited healthcare professionals and charge the client accordingly.
M3 Global Research is not liable for unsuitable responses generated by questions posed by the client. Furthermore, M3 Global Research is not responsible for the appropriateness or usefulness of the data material gathered.
The client will not collect or attempt to collect any personal data from any potential healthcare professional directed to its sites and surveys by M3 Global Research. Personal data is any information which relates to a living individual from which that individual can be directly or indirectly identified and includes any information that would allow the client to identify a potential respondent at any time in the future, including, but not limited to, name, address, and e-mail address. Except as agreed by M3 Global Research in connection with the delivery of compensation payments to healthcare professionals 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 online marketing research as published and periodically amended by AMA, MRA, CASRO, CMOR, BHBIA, EphMRA and ESOMAR.
The client shall take no action to recruit any potential respondent into any online or offline panel, community, or group; or take any action that would allow the client to contact, or allow any other party to contact, any potential respondent; or recruit him/her for any other market research activities at any time in the future. Should any such action be taken, a charge shall be levied equal either to five (5) times the price per participant for the project or £6,500, whichever is higher.
All help requests initiated by potential healthcare professionals 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 healthcare professionals 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.
All information provided to M3 Global Research by the client, either during the research briefing or during the research process, is strictly confidential, and M3 Global Research is obliged to preserve the secrecy of the information. This obligation to preserve the secrecy of the information also applies in the event that M3 Global Research has received information from the client without subsequently being issued with an assignment.
All research proposals and quotations submitted by M3 Global Research are free of obligation. A project assignment shall be considered as having been accepted and a contractually binding agreement formed once the client returns the signed market research order confirmation form/insertion order (IO) included with this document, or once research activities have commenced by M3 Global Research with the client's knowledge after an agreement has been reached. References in these terms to "this agreement" will refer to the signed IO and these terms.
Agreed delivery dates for M3 Global Research shall not be binding in the event of a delay caused by unforeseen circumstances that involve interim changes in the assignment or factors beyond M3 Global Research's control that may affect the fieldwork or the technical completion of the fieldwork. In the event that M3 Global Research anticipates a delay, M3 Global Research shall notify the client to this effect immediately.
The agreement will be governed by and construed in accordance with the laws of England and Wales and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the agreement.