Terms and Conditions
1. General Terms
Requests to commission Fieldwork are only to be made by persons with the authority to agree to these terms and conditions. Receipt by us of such a request implies that the person making the request has the requisite authority.
Quotations are made exclusive of VAT. All monetary amounts are in GB Pounds Sterling unless otherwise agreed by us in writing in advance. Invoices must be settled in GB Pounds Sterling to the full amount with any bank charges to be paid by the client. Any figures that Indiefield may give in currencies other than GB Pounds Sterling are illustrative only. Indiefield does not accept cash settlement in excess of 10,000 GB Pounds (or the equivalent of 15,000 Euros if less) for any single transaction.
Indiefield reserves the right to require that our Fees or a proportion thereof are payable on commissioning plus incentives plus disbursements that exceed such credit limits that Indiefield may determine at its absolute discretion from time to time. Indiefield will raise an Initial Invoice for this purpose. Such Initial Invoices are due for payment within 7 days. The balance of the Fees plus incentives plus disbursements will be invoiced upon completion.
Where Indiefield have been asked to provide incentives that have not been included in an Initial Invoice a separate Incentive Invoice will be raised. Such Incentive Invoices are due for IMMEDIATE payment IN FULL. For more information please refer to our Incentives Terms and Conditions.
All other invoices are due for payment within 21 days unless otherwise agreed in writing.
In the case of invoices that are sent to third parties the liability for outstanding monies shall revert to the person or persons or company responsible for commissioning the Fieldwork after 60 calendar days.
Indiefield reserves the right to suspend withhold or cancel any work for a Client where invoices are not settled according to our terms and conditions.
If a Project is cancelled reduced in scale or curtailed for whatever reason the Cancellation Provisions as set out on our Cancellations Terms and Conditions will apply.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation.
The rate of interest will be set at the Bank of England base rate plus 8%. For Euro area clients the rate of interest will be set at the European Central Bank Rate base rate plus 8%. The Bank base rate of 31st December will be the reference rate for the six month period 1st January to 30th June. The Bank base rate on 30th June will be the reference rate for the six month period 1st July to 31st December.
A fixed fee will also be charged as follows:
|Amount Outstanding||Amount to be Paid|
|Up to £999.99||£40.00|
|£1,000.00 to £9.999.99||£70.00|
|£10,000.00 and over||£100.00|
Where Incentive Invoices are not paid on time, Indiefield also reserve the right to charge an additional 2.5% per month in line with our banking covenants.
Furthermore, Indiefield reserve the right to refer outstanding debts to our debt collection agents, Daniels Silverman Limited. Any such debts will be subject to a surcharge of 15% plus VAT to cover the collection costs involved. This surcharge together with all other charges and legal fees incurred will be the responsibility of the debtor and will be legally enforceable.
1.1 Partnership and Sole Trader Debtors
We may transfer information about you to our bankers and/or financiers for the purposes of providing services and for the following purposes:
- obtaining credit insurance.
- making credit reference agency searches.
- credit control.
- assessment and analysis (including credit scoring, market, product and statistical analysis).
- protecting our interests.
We will provide you with details of our bankers and/or financiers and that of any credit reference agencies used on request.
Each project booked with Indiefield is divisible. Each project shall give rise to a separate job number and shall be deemed to arise from a separate contract and shall be invoiced separately. Any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any other project.
1.3 Force Majeure
Indiefield shall not be liable for any delays, failures, losses or damage of any kind whatsoever including any delay by Indiefield in the provision of any Services where such delay arises from any cause beyond the reasonable control of the Company.
Such causes include but are not restricted to Acts of God or of the public enemy fires floods adverse weather earthquakes traffic or transport disruption or failure illness epidemics quarantine restrictions strikes or other industrial action freight embargoes electrical cut or shortage communication equipment or system failures acts or omissions of subcontractors or other third parties or any other circumstances beyond its control.
1.4 Jurisdiction and Dispute Resolution
These terms and conditions will be governed and construed in accordance with English Law under the exclusive jurisdiction of the English Courts. Where any party becomes involved in a dispute claim or potential claim in relation to which they are or may become parties to legal proceedings they will take steps to:
- 1.4.1 follow a reasonable procedure prior to and with the intention of avoiding formal legal proceedings.
- 1.4.2 encourage all parties involved to use an alternative dispute resolution (ADR) procedure at an early stage and at any other relevant stages where appropriate.
- 1.4.3 draw the attention of all parties involved to the powers of the UK courts to impose sanctions for failure to comply with the Practice Directions.
- 1.4.4 in the event that any party involved requests ADR and any of the parties wishes to decline put their reasons for so declining in writing to the other parties involved.
2. Standard of Care
Indiefield confirms that personnel possessing competency consistent with applicable industry standards shall perform its services. No other representation express or implied and no warranty or guarantee are included in this document.
During the course of a project Indiefield may carry out any of the following services. Notwithstanding the items listed here Indiefield will always consider every Client request with the aim of satisfying all the needs of our Clients.
2.1 provide an itemised estimate of costs including incentives if applicable with details of how charges will operate in terms of cost per complete interview, cost per shift attended, cost per focus group or respondent which is based on an agreed strike rate.
2.2 appoint a Manager for the project.
2.3 provide a Fieldwork Schedule.
2.4 unless agreed otherwise in writing the Fieldwork Schedule shall constitute the Scope of Work to be carried out by Indiefield.
2.5 in the event that Indiefield cannot meet the required target, despite our best efforts and on the assumption that the scope of work was unchanged, you will only be charged for what we actually deliver.
2.6 confirm bookings of venues and associated services on behalf of the Client in accordance with our Venues Terms and Conditions.
2.7 prepare and despatch any materials or equipment requested by the Client. 2.8 provide maps and/or directions to venues.
2.9 prepare and despatch Incentives in accordance with our Incentives Terms and Conditions.
2.10 provide quota and recruitment updates.
2.11 pre-check respondents for qualitative studies free of charge.
2.12 despatch questionnaires into field.
2.13 use database tools to validate and clean data that is supplied in an electronic format.
2.14 manually validate and clean data that is supplied in a non-electronic format at a charge of £1 per record.
2.15 provide Qualitative respondent details prior to the date of the event.
2.16 prepare a Final Invoice.
Any service provided by Indiefield is dependent on the Client fulfilling their obligations. In particular all details required to complete a task must be finalised and confirmed at that time and subsequent changes and amendments to Client requests may affect the services provided by Indiefield.
3. Client Obligations
Clients agree to do the following:
3.1 provide in good English full details of Fieldwork requirements in a timely fashion and in an acceptable standard format.
3.2 provide in good English full details of all time-tabling requirements and deadlines in a timely fashion and in an acceptable standard format.
3.3 provide in good English details of any changes to the requirements in a timely fashion and in an acceptable standard format.
3.4 provide verbal briefings and where appropriate be available during normal business hours to answer any queries as and when they arise.
3.5 provide Indiefield with any purchase orders or accounts references as necessary to ensure timely payment of invoices.
3.6 provide in good English all installation and user instructions, training, licences and anything else necessary to conduct a survey on software produced by the Client (or by a third party on behalf of the Client).
3.7 verify the compatibility requirements and functionality of the software and also provide Indiefield with a method by which Indiefield can easily validate and verify the data collected by such surveys. Indiefield will not accept liability for any deficiencies in the data collected where the Client has denied Indiefield the ability to apply our normal quality control procedures.
3.8 conduct a final test and approval of any survey that has been produced by Indiefield before any fieldwork commences. The Client will indemnify Indiefield against any failure by the Client to do this.
3.9 accept any additional costs and risks incurred as a result of any changes to the questionnaire, scripts, sample, quotas or anything that materially affects Indiefield's ability to conduct the survey successfully.
3.10 indemnify Indiefield against any claim under the Data Protection Act 1998 or any other applicable regulations relating to data provided by the Client.
3.11 indemnify Indiefield against any additional costs incurred due to incorrect and/or inadequate Client data (to include all information and materials supplied by the Client for the purpose of carrying out the fieldwork).
3.12 indemnify Indiefield against any errors that may arise through the Client's use of non-standard formats.
3.13 indemnify Indiefield against any claim for damage to any materials or equipment provided by the client for the purposes of the Fieldwork project.
3.14 indemnify Indiefield against breach of the MRS Code of Conduct that may arise through the Client's actions.
3.15 to pay for all venues and associated services in accordance with our Venues Terms and Conditions.
3.16 reimburse Indiefield in full for any cash incentives immediately on receipt of invoice as detailed in our Incentives Terms and Conditions.
3.17 accept and respond in a timely fashion to emails from indiefield.co.uk, mail-indiefield.co.uk and post-indiefield.co.uk. To unsubscribe go to https://indiefield.net/unsubscribe/.
3.18 reply to all Final Update emails within 7 days. Where no reply is received within 7 days Indiefield will assume that the Final Update is acceptable and will raise an Invoice accordingly.
3.19 notify Indiefield in writing of any invoice queries within 14 days of the invoice date or the Credit Period if earlier.
3.20 indemnify Indiefield against any costs that are notified to us at any time after a Final Invoice has been raised where such costs would normally have been included in a Final Invoice.
3.21 pay all Invoices within the agreed Credit Period. Please note that Indiefield does not accept cash settlement in excess of 10,000 GB Pounds (or the equivalent of 15,000 Euros if less) for any single transaction.
Indiefield currently accept the following standard formats: PDF (all versions up to 8.1.5), email (plain text, RTF and html), MS Word (all versions up to 2003), Open Office (versions 2.0 and later).
In addition Indiefield's liability to a Client and any other third party arising out of services provided by Indiefield and for any other claim shall be limited to a sum not to exceed the payment received by Indiefield for the service provided giving rise to the claim.
A Client's exclusive remedy for any claim will be for Indiefield upon receipt in writing of such a claim either (i) to use commercially reasonable efforts to cure at its expense the matter that gave rise to the claim or (ii) return to the Client the fees paid to Indiefield for the particular service that gives rise to the claim.
Requests to commission Fieldwork are only to be made by persons with the authority to agree to these terms and conditions. Receipt by us of such a request implies that the person making the request has the requisite authority.
Indiefield devotes a significant amount of professional time, effort and resources to every project in terms of personnel and processing by our systems. This means that there must necessarily be a proper recognition of costs incurred in relation to cancelled work particularly where insufficient notice of cancellation has been given.
In addition to our cancellation fees, clients will remain liable for any disbursements or charges received from suppliers and incurred on behalf of a project for any reason. Any such charges made for abortive work carried out for a client will remain at the absolute discretion of Indiefield although we will seek at all times to minimise these charges. For example, there will be no charges if we can use recruited respondents or re-book fieldworkers for another study although other supplier charges may still apply in such instances.
For projects that are subject to automatic renewal, either explicit or implicit, the cancellation charge will be equal to 3 times the average monthly fees over the previous year or from the start of the project if less. This charge will apply in all cases unless agreed otherwise in writing.
Cancellation fees and charges for ad hoc projects are shown in the following table.
4.1 Ad-hoc Cancellation Charges
|Notice Given||Cancellation Fees and Charges|
|3 clear working days or less||100% of recruitment fees plus any disbursements and supplier cancellation charges.|
|4 or 5 clear working days||50% of recruitment fees plus any disbursements and supplier cancellation charges.|
|More than 5 clear working days||Disbursements and supplier cancellation charges only.|
Clear Working Days are defined as the number of complete Work Days between the time of the cancellation and the beginning of a study where a Work Day is defined as a period of eight hours from 10am to 6pm Monday to Friday excluding UK Public Holidays. For example, Groups taking place on Wednesday evening that are cancelled on the preceding Thursday would constitute four Clear Working Days. Interviews taking place on Wednesday morning that are cancelled on the preceding Thursday would only constitute three Clear Working Days.
Indiefield will book all venues and associated services needed for the research although we expect the Client to pay all venues directly.
Viewing facilities will invoice the Client directly. Hotels require payment on departure.
We do offer a venue funding option. If Indiefield is required to pay for the research venues there will be an administration and financing fee of 20%.
Indiefield will on request prepare and distribute respondent incentives only in accordance with these Terms and Conditions.
Our standard process is that all incentives are paid to invited research participants automatically by bank transfer 48 hours after their participation unless we are instructed otherwise by you within 24 hours i.e. the day after the individual research event.
Incentive requests are only to be made by Clients with the authority to agree to these terms and conditions. Receipt by us of such a request implies that the person making the request has the requisite authority.
Requests to provide incentives must be received by us at least 5 days prior to their being required. If a request is received later than this then Indiefield reserve the right to charge for any additional costs incurred in effecting the request.
Indiefield will charge a handling fee of 10% of the value of Incentives issued. This is to cover the cost to Indiefield for bank charges and other issue costs. This amount may be varied at any time.
Some projects require incentives in the form of gifts or products to be posted to respondents by Indiefield. Such projects may incur a postage and packing charge per incentive that will be detailed within the individual project plan.
Incentives that have a cash value of over £1,000.00 are due for IMMEDIATE payment IN FULL and an invoice will be issued to you upon commission. The incentive invoice will be clearly marked as such.
Where Incentive Invoices are not paid on time, Indiefield reserve the right to charge an additional 2.5% per month.
Furthermore, where there are Incentive Invoices outstanding for more than 30 calendar days, Indiefield reserve the right to either (a) cancel the supply of further incentives or (b) impose a 25% handling charge on the supply of further incentives. Indiefield will endeavour to give prior notice of this but they do not under any circumstances guarantee to do so.
In the event that cash is specifically requested and subsequently supplied by Indiefield the handling charge is 25%. All incentives and paperwork for the job will be prepared by Indiefield and sent directly to the Client making the request who will be responsible for the administration and distribution of the incentives. Any unused cash incentives remain the property of the Client.
Indiefield and its agents cannot be held responsible for the loss or theft of incentives.
7. Supplier Terms
The following conditions apply to all contracts made between Indiefield and its Suppliers for the purchase of goods or services. Any other terms and conditions deemed by the Supplier do not form part of this contract and any variations are inapplicable unless agreed in writing by Indiefield.
7.1 Publicity and Advertising
The Supplier will not disclose any details of their relationship to a 3rd party or announce or advertise their relationship with Indiefield without the prior written consent of Indiefield.
7.2 Standard of Goods or Services
The Supplier will provide a service in accordance with the contract or specification agreed with Indiefield. Where a standard of service is not specified the Supplier will use best quality techniques, equipment and standards and will employ services with care and diligence, using suitably skilled / trained and experienced staff. All services will comply with any applicable health and safety legislation.
Indiefield may reject any Goods or Services which do not strictly comply with the Contract or specification. Indiefield reserves the right to inspect the production of goods / services on the premises of the Supplier, or at any sub-contractors premises, if relevant.
7.3 Client Supplied Lists and Confidentiality
The Supplier shall abide by the 1998 Data Protection Act, ensuring any personal data is stored securely and treated as confidential and in compliance with the Act. The Supplier will use the information only for the purpose of completing the work agreed in the contract.
On completion of the work, or on cancellation / termination for any reason, the Supplier will return or dispose of any address lists, materials, product or other data provided by Indiefield or Indiefield's client, in accordance with Indiefield's written instructions. Following such return / disposal, the Supplier will destroy any copies it has of the Customer Lists and shall provide written confirmation, signed by an authorised director of the Supplier, certifying compliance with these provisions.
Any freelancer or fieldworker undertaking research work on behalf of Indiefield agrees to abide by the Code of Conduct of the Market Research Society (MRS) and the Code of Marketing and Social Research Practice of the International Chamber of Commerce / European Society for Opinion and Marketing Research (ESOMAR).
The Supplier will ensure that any employees, subcontractors, agents or freelancers or fieldworkers are bound by a corresponding confidentiality agreement during and after the term of their employment or contractual relationship with the Supplier.
Information held by Indiefield about the Supplier is for the purposes of Supplier selection and appraisal only.
7.4 Delivery and Packaging
The Supplier will deliver the goods / service as specified by Indiefield by the due date.
Any delay to deliverables may result in Indiefield (without prejudice to any other rights it may have, including a right to damages):
7.4.1 cancelling the contract in whole or in part.
7.4.2 refusing to accept further deliveries.
7.4.3 recovering any reasonable additional fees from the Supplier incurred by Indiefield as a result of the goods / services being delayed. These may include instances where other suppliers need to be used in order to complete the contract made between Indiefield and the original Supplier.
The Supplier will notify Indiefield of any possible delays.
The Supplier will take precautions to ensure that goods arrive at their destination undamaged. They will ensure that goods are suitably packaged and protected against any damage that may occur through delivery or storage. Risk of loss or damage to goods will not pass to Indiefield until Indiefield has received and checked goods are in working order.
If, within a reasonable time, any defects are found to be present in the deliverables from the Supplier, Indiefield will not be deemed to have accepted the goods / services.
Indiefield assumes that all packaging and containers are supplied free and will return them only if requested at the Supplier's risk and expense.
In any instance where goods are delivered in excess of Indiefield's request, Indiefield is under no obligation to pay or return the excess goods and will charge the Supplier to return goods at their risk.
7.5 Rejection, Remedies and Indemnities
If any goods or services are not in accordance with the specification or the Supplier fails to comply with any terms of the contract, Indiefield may in its discretion and whether or not any goods or services have been accepted in part:
7.5.1 cancel the contract.
7.5.2 reject the goods or services (in whole or in part) and return them as appropriate to the Supplier, and the Supplier will refund in full any monies previously paid by Indiefield for the said goods or services.
7.5.3 give the Supplier the opportunity at the Supplier's expense to either remedy any defect in the goods or services or to supply or perform replacement goods or services to ensure that the terms of the contract are fulfilled.
7.5.4 refuse to accept any further deliveries of goods or services without any liability to the Supplier.
7.5.5 carry out at the Supplier's expense any work necessary to make the goods or services comply with the Contract.
The Supplier will indemnify and keep indemnified Indiefield in full from and against all direct, indirect or consequential liability, loss, damages, injury, costs and expenses (including legal expenses) awarded against or incurred or paid by Indiefield as a result of or in connection with:
7.5.6 breach of any warranty given the Supplier.
7.5.7 any claim that the Goods or Services or their use, resale or importation infringes any British or foreign patent, copyright, registered design right, trade mark, trade name or other intellectual property right of any third party except to the extent the claim arises from any specifications, drawings, samples or descriptions provided by Indiefield.
7.5.8 any claim made against Indiefield in respect of any liability, loss, damage, cost or expense sustained by Indiefield or its employees or agents or by any customer or third party to the extent that such liability, loss, damage, cost or expense was caused by, relates to or arises from the goods provided or services performed by the Supplier.
7.5.9 any act or omission of the Supplier or its employees, agents or sub-contractors in supplying, delivering and installing the goods or performing the services in accordance with the Contract.
7.6 Pricing and payment
The price will be fixed as stated in the contract and will not vary without Indiefield's written consent. Unless otherwise stated price will be exclusive of VAT. The price will include all charges relating to packaging, transportation, duties and insurance. Any additional costs should be defined by the Supplier prior to acceptance of contract.
The Supplier will invoice Indiefield on completion of work and Indiefield will pay valid invoices providing the Indiefield job number and payment details are displayed and accurate. A payment calendar for fieldworkers is issued annually.
Indiefield reserves the right to off-set any amounts payable to the Supplier against any amount owed by the Supplier to Indiefield.
7.7 Termination or Cancellation of Contract
Indiefield may postpone or cancel any order in whole or in part at any time, prior to delivery. Indiefield will pay the Supplier fair and reasonable compensation for work undertaken at the time of cancellation. Such compensation will not include loss of profits or any consequential loss.
Indiefield may terminate the contract immediately with written notice if the Supplier:
7.7.1 breaches any term of the contract.
7.7.2 makes any arrangement with its creditors, becomes subject to an administration order or goes into bankruptcy, liquidation, or receivership.
7.7.3 has a receiver trustee or liquidator appointed over any of the Supplier's properties or assets.
7.7.4 is unable to pay its debts generally as they become due or ceases or threatens to cease to carry on its business.
7.7.5 Indiefield reasonably considers that any of the above events is about to occur. The rights of Indiefield described above are in addition and without prejudice to Indiefield's other legal rights and remedies.
7.8 Force Majeure
Neither Indiefield nor the Supplier shall be liable for failure to perform its obligations under the Contract if such failure results from circumstances beyond the party's reasonable control, providing that the party claiming any such excuse shall give prompt notice of the circumstances, and shall take all reasonable action to mitigate the delay.
The Supplier will not transfer, sub-contract or assign any part of the work detailed in the contract or specification without the prior written consent of Indiefield. If Indiefield does agree to any sub-contracting, it is with the condition that the Supplier will retain full responsibility for the outcome of the contract and that any sub-contractor complies with the requirements of the contract.
7.10 Corporate Responsibility and Professional Conduct
Indiefield and the Supplier agree that both have a corporate responsibility for maintaining a high standard of responsible, ethical and legal conduct in all business transactions between them and in regard to their impact on society, Suppliers, clients and the world around them. Indiefield and the Supplier therefore make the following undertakings:
7.10.1 neither shall denigrate the other or competitor organisations or their employees in any medium.
7.10.2 neither shall offer or accept hospitality or gifts in excess of the reasonable and accepted norms of business interaction or act in any way that might reasonably be deemed to constitute favours or inducements in respect of decisions.
7.10.3 both parties shall have in place policies and where appropriate measurable initiatives to minimise the environmental impact of their businesses, to preclude illegal or immoral working practices including child labour or exploitative wages, to act ethically in relation to the businesses they are engaged with.
7.11 Use of Indiefield's Property
The specifications, questionnaires, drawings, samples and information issued by Indiefield in connection with the Contract are confidential and their use must be confined to the Supplier, his sub-contractors or employees solely for the purpose of carrying out the Contract.
On completion of the Contract the said questionnaires, drawings, samples and information shall be (at Indiefield's sole option) returned to Indiefield or destroyed.
Apart from the normal operation of this website the materials on this site including but not limited to text graphics and images may not be copied distributed downloaded or used in anyway unless they are clearly attributed to Indiefield Limited unless otherwise indicated. Modifications are not allowed under any circumstances. Indiefield® is a registered trademark and trading name of Indiefield Limited.
8.1 Copyleft NoticeWe believe that web standards are important and we would like to encourage everyone to find out more about them. Indiefield Limited therefore grants permission for anyone to freely copy and modify our XHTML or CSS structures without attribution providing that any resulting XHTML or CSS structures are not themselves copyrighted. In other words, the "content" is ours but the "style" is freely available providing you don't prevent other people from using it.
You may link to this website without permission providing that any such linking is clearly indicated as such. We do not entertain requests for reciprocal links.
Any third party websites that you may link to whilst using this website are out of the control of Indiefield. Indiefield is not responsible for the privacy practices or the content of such websites.
Indiefield Limited make no warranty or guarantee express or implied as to the accuracy of any information on this website.
9. Our Promise
We work exceptionally hard to ensure all our services and delivery are to the highest standard and meet client expectations. It is our mission to keep the quality control as high as possible at all times.
If you have a complaint about any part of the service provided by our company, we want to know about it.
One of the ways in which we can continue to improve our service is by listening and responding to the views of our clients, and in particular by responding positively to complaints, and by putting mistakes right.
Therefore we aim to ensure that:
- making a complaint is as easy as possible;
- we treat a complaint as a clear expression of dissatisfaction with our service which calls for an immediate response;
- we deal with it promptly, politely and, when appropriate, confidentially;
- we respond in the right way – for example, with an explanation, or an apology where we have got things wrong, or information on any action taken etc;
- we learn from complaints and use them to improve our service.
You can contact us by email, phone or in writing.
We value ALL feedback from our clients.