Terms and Conditions
The terms and conditions upon which Insync Surveys Pty Ltd (ABN 58 108 768 958) shall provide you, the client (“Client”) with one or more surveys or other organisational research products, our advice or our consultancy services (“Services”) are as follows:
1. Service provider’s obligations
In providing the Services, Insync will:
1.1 provide access to the Services and provide any agreed reports (“Reports”) in a timely manner and at its sole discretion do all things reasonably necessary and prudent for the provision of the Services; and
1.2 assign appropriately qualified and skilled staff to ensure that the Services and Reports are so provided;
1.3 not, where services are provided via the internet or other electronic means, be responsible for any loss of network connection or downtime;
1.4 not accept any responsibility for any self-assessed responses contained in survey reports or any actions taken or not taken in reliance on such reports; or
1.5 not accept any responsibility for any advice given by Insync unless the scope of such advice is set out in an agreement in writing for the provision of such advice; and
1.6 not accept any responsibility for any advice given by any third party in relation to the Services or Reports.
2. Client’s obligations
The Client:
2.1 will provide Insync with all necessary information, data, intelligence and instructions on an ongoing and timely basis as may be necessary and prudent for the set-up and completion of the Services;
2.2 will not request Insync to provide VBA members with any information or data that would enable other VBA member respondents to be identified. Only the VBA can identify individual member responses to preserve member to member anonymity;
2.3 will ensure that all persons within its control shall maintain the security and confidentiality of any passwords or login information required for the provision of the Services;
2.4 acknowledges that survey reports that aggregate and display certain data but does not in any way constitute the provision of advice;
2.5 acknowledges that all free text comments made by survey respondents will be provided to the Client on an unedited basis and that Insync does not take any responsibility for any such free text comments;
2.6 Indemnifies Insync in relation to the inclusion in any survey or report of any survey statements or questions requested by the Client;
2.7 indemnifies Insync in relation to any loss or damage caused as a result of the distribution of any free text comments to any employees or other parties; and
2.8 indemnifies Insync in relation to any loss or damage caused as a result of actions taken or not taken as a result of information contained in the Reports.
3. Fees
3.1 Fees payable to Insync for the provision of services to VBA shall be payable within 14 days from invoice date. VBA members shall pay via an online payment portal supported by a third party payment service provider in order to access the survey process. Portal payment terms and conditions are governed by the payment provider.
3.2 In the event that payment is not received by the due date, Insync may, at their sole discretion and without prejudice, withhold the provision of the Services or Reports until payment is received and Insync reserves the right to withdraw the provision of credit.
3.3 Outstanding accounts shall attract interest at the rate of 0.25% per month in excess of the National Australia Bank’s published interest rate for overdraft in excess of AU$100,000.
4. Confidentiality
4.1 Insync shall maintain secure custody of all confidential information provided to it by the Client and not disclose the Client’s confidential information to any third party other than Intelleqt Consulting.
4.2 Nothing herein shall prevent Insync aggregating confidential information received from the Client and using such information, together with other information received by Insync, in providing industry benchmark or other comparative data or undertaking research or using such for commercial purposes, provided always that such material shall not in any way identify the aggregate or any individual responses of the Client.
5. Intellectual property rights
5.1 All Intellectual Property Rights created by the completion of the Services shall be and remain the property of Insync other than that information created through the assessment process as reflected in the agreement between the VBA and Intelleqt Consulting.
5.2 The VBA must not allow the survey statements to be shared with any third party outside the VBA without prior written consent from Intelleqt Consulting.
6. Extension of Services
6.1 If the Client requests Insync to carry out any further services that in anyway relate to or follow on from the Services the terms and conditions set out herein apply to those further services unless the Client and Insync agree in writing that these terms and conditions should not apply.
7. Liability and indemnity
7.1 Except as expressly provided to the contrary, all terms, warranties, undertakings, or representations whether express, implied, statutory or otherwise relating in any way to the provision of the Services are excluded to the full extent permitted by law.
7.2 In the event of default, Insync’s sole obligation shall be to resupply the Services.
7.3 Without limiting the generality of the preceding clause, Insync’s liability for any loss or damage suffered by the Client howsoever caused which may be suffered or incurred or which might arise directly or indirectly in respect of the failure or omission on the part of Insync to comply with its obligations shall not exceed the Fees received by them in relation to the Services.
7.4 Insync shall not be liable for any delay or failure to perform the Services due to force majeure.
8. Marketing and publicity
8.1 Unless otherwise requested by the Client in writing prior to the commencement of the Services, Insync may refer to the Client as a client of Insync and as a user of the Services in any of its advertising and promotional material.
9. Privacy
9.1 Insync’s Privacy and Confidentiality Policy shall apply to the provision of the Services. The Privacy Policy is set out at https://insync.com.au/privacy-policy/.
10. Law
10.1 The provision of the Services shall be governed by the laws of the State of Victoria, Australia and the Courts of that State shall have exclusive jurisdiction.