Terms of Business
1. Definitions and Interpretations
"Client" - means the party using/contracting the services supplied by Insight Revolution.
"Final Report" - means the research report issued to the Client at the end of the Service.
"Force Majeure Event" - means an event or circumstance beyond the reasonable control of Insight Revolution, which results in it being unable to observe or perform on time an obligation under these Terms of Business, including acts of God, earthquakes, floods, storms, explosions, fires, acts of war, acts of terrorism and labour strikes.
"GST" - means any amount payable under Australian GST law.
"Insight Revolution" - means Insight Revolution Pty Ltd
"Loss" - means any damage, loss, liability, expense or cost, wether direct or indirect, consequential or accidental however arising.
"Research Proposal" - means the reverse brief and quote issued by Insight Revolution to the Client.
"Scope of Work" - means as detailed in the Research Proposal and the service inclusion descriptions on this website.
"Services" - means all services performed by Insight Revolution for the client including all research projects conducted by Insight Revolution on behalf of the Client.
"Terms of Business" - means these Terms of Business amended from time to time by Insight Revolution
2. General
2.1 Described in these Terms of Business are your rights and responsibilities-they constitute a legally binding agreement between you and Insight Revolution. By using the Website and/or using Insight Revolution's Services, you agree to be bound by the terms and conditions of this agreement between you and the Insight Revolution and the Privacy Policy.
2.2 The Terms of Business, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Insight Revolution without restriction or notice to you.
2.3 These Terms of Business form the basis of all transactions and dealings between the Client and Insight Revolution.
2.4 These Terms of Business supersede any previous written or oral agreements and understanding between the Client and Insight Revolution with respect to the Services performed and the deliverables tendered by Insight Revolution to the Client and may only be varied in writing by Insight Revolution.
3. Fee Payment and Terms
3.1 The terms of trade are 50% (of the quoted price) payment at time of accepting the research proposal. No work will begin until the Insight Revolution is in receipt of this payment. Where any incentives are to be paid, these will be included in full in this initial invoice ("First Invoice").
3.2 The balance of 50% is payable within 7 days of the Client receiving the final report via email. Any adjustments to the total project fee will be included in this invoice ("Second Invoice").
3.3 If there are any changes in the Scope of Work, assumptions and requirements of the client, Insight Revolution reserves the right to adjust the total fee charged accordingly. Generally, any additional work not in the Scope of Work will be charged to the client in 15 minute increments of $37 per increment. Such additional charges will be added to the Second Invoice.
3.4 Failure to pay with the 7 days may result in interest accruing at a rate of 18% p.a. applied daily. Failure to pay within 30 days will result in recovery action being taken against the Client. The Client will also be liable for the cost of recovery.
3.5 Payment can only be made by credit card and by direct EFT credit to the Insight Revolution bank account. The Insight Revolution is not required to accept any other form of payment.
3.6 Research proposal pricing is valid for three months unless otherwise stated in the proposal.
3.7 All pricing is GST exclusive unless otherwise stated.
3.8 In the event of the project being cancelled after Insight Revolution has commenced work, a cancellation fee will be charged equal to the initial 50% First Invoice.
4. Sample Size Quota
No guarantees are made about achieving the Client's required sample size quota when Client-supplied lists are used. The size and nature of the sample achieved is subject to natural fallout and the Insight Revolution provides no express or implied warranty herewith.
5. Client supplied lists
Clients supplying their own list to Insight Revolution confirm and warrant that:
(a) They have the legal right to use these lists for research purposes
(b) The list contains no individual that has knowingly opted out of participating in any research
Clients shall completely indemnify the Insight Revolution against any actions arising out of the use of their list.
6. Ownership of Information and Retention of Records
6.1 All intellectual property on this website including but not limited to text, concepts, imagery, trademarks, products, services and video is owned by Insight Revolution.
6.2 All research proposals, research designs, questionnaires and processing techniques, including systems of weighting, remain the property of Insight Revolution.
6.3 The following shall apply to the Final Report issued to Clients:
- Insight Revolution owns the copyright to the report, but gives licence to the Client to use the report. The licence is granted only after full payment for Insight Revolution's services.
- The report will provide data and commentary, however the Client is entirely responsible for the interpretation of the information provided, the decisions made and how it is applied. Client holds Insight Revolution harmless for any loss, actions, consequences or outcomes in using the information provided.
- Results to syndicated studies remain the property of Insight Revolution.
6.4 Unless specified otherwise, any hard copy or electronic material provided by a client for the conduct of a project will be retained by Insight Revolution and stored in a secure location. Documentation and research results (both hard copy and electronic) associated with projects are kept for a minimum of two years.
7. Professional Quality Guarantee
"We guarantee that at the end of this research project, you'll be in a better position to make informed decisions or we'll refund you the entire cost of the project."
7.1 The Professional Quality Guarantee is valid for 30 days from the Client's receipt of the Final Report. Claims cannot be made after this timeframe.
7.2 The Client must demonstrate to Insight Revolution how the report failed to help them make more informed decisions. This provision is not to prevent genuine claims, but to ensure that the Professional Quality Guarantee is not abused.
7.3 Any incentives paid or other such out-of-pocket cost will not be refunded.
8. Implied Terms and Exclusion of Warranties
8.1 Subject to the following clause, any condition or warranty, which would otherwise be applied in these Terms of Business, is hereby excluded.
8.2 Where legislation implies in these Terms of Business any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty will be deemed to be included in these Terms of Business. The liability of Insight Revolution for any such breach of such condition or warranty will be limited, at the option of Insight Revolution, to one of the following:
- The supply of the Services again; or
- The payment of the cost of having the Services supplied again
9. Limitation of Liability
9.1 Insight Revolution will be under no liability to the Client in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of any project undertaken or Services supplied pursuant to these Terms of Business or in respect of a failure or omission on the part of Insight Revolution to comply with its obligations under these Terms of Business or any wilful, unlawful or negligent act or omission of the Client.
9.2 The Client at all times will indemnify and hold harmless Insight Revolution and its officers, employees and agents (Indemnified Parties) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of the Indemnified Parties arising from any proceedings against the Indemnified Parties where such loss or liability was caused by a breach of the Client of its obligations under these Terms of Business or any wilful, unlawful or negligent act or omission of the Client.
9.3 Insight Revolution will not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms of Business where such delay or failure is due to a Force Majeure Event.
10. Governing Law
These Terms of Business are governed by and will be construed in accordance with the laws of the State of Victoria, Australia.
The parties agree that the courts and tribunals of Victoria and the Commonwealth of Australia will have sole and exclusive jurisdiction in relation to any claim by either party arising from matters subject to these Terms of Business. Should proceedings be commenced in another jurisdiction in breach of this section, it is agreed that injunctive relief preventing the continuation of those proceedings is the appropriate remedy.
Acknowledgement
If the Client accepts these Terms of Business, the Client will be regarded as having entered into a legally binding agreement. This means the client will be bound by the terms and conditions set out in this document and thereby agrees that all supplies of Services and all projects undertaken by Insight Revolution to the Client now or at any time in the future will be on and subject to these Terms of Business.
Acceptance may be by any of the following ways:
- Payment of an invoice
- Oral acceptance
- Email acceptance
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