Custom market research services product specific terms

Last updated 29 October 2024.

BY ENTERING INTO AN ORDER OR OTHER AGREEMENT WHICH INCORPORATES OR REFERENCES THIS AGREEMENT, BY CLICKING TO ACCEPT THIS AGREEMENT OR ACCESSING OR USING ANY GWI SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS LEGALLY BINDING. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT USE ANY SERVICES.

SCOPE AND INTERPRETATION
1. These Custom Market Research Services Product Specific Terms (“Data T&Cs”) supplement the Main T&Cs under which GWI provides its Custom Market Research Services. Where the Custom Market Research Services are limited to Reports only, these Data T&Cs shall not apply and the terms shall be limited to the Main T&Cs only. Defined terms shall have the meaning set out below, in these Custom Market Research Services Product Specific Terms. Any terms used but not defined below shall have the meaning set out in the Main T&Cs.
  
  Affiliate: any entity that directly or indirectly controls, is controlled by, or is under common control with another entity
  
  Authorized Users: your employees, Affiliates, third party agents, advisors and customers, who in each case are not competitors of GWI, who have been authorized to access and use the Custom Market Research Services (i) in accordance with your Order; and (ii) agreed between us in compliance with the Platform Product Specific Terms;
  
  Custom Anonymous RLD: means the raw, anonymized respondent level data associated with the Custom Work collected from respondents or participants in research studies, surveys, or similar data collection activity;
  
  Custom Data: data generated in accordance with any agreed Custom Work and made available to you;
  
  Custom Market Research Services: shall mean any consumer research services made available to you by GWI pursuant to these Data T&Cs through (a) Custom Work; (b) GWIQ Services; (c) Reports; or (d) such other services as GWI may deem appropriate from time to time, or if you access our Services through a Partner, the relevant services notified to us by the Partner;
  
  Custom Study Scope: the project details and specification for the Custom Work as set out in your Order, where applicable;
  
  Custom Work: any custom services that GWI provide to you, including Projects, Outputs and any custom studies as scoped in the Custom Study Scope;
  
  GWIQ Services: means services where GWI uses its GWIQ cookie to establish connections between our survey respondents and your adverts or websites to report to you on (a) audience validation; (b) advertising effectiveness; and (c) website use.
  
  Outputs: the relevant Reports, tables or other outputs generated in accordance with any Custom Work;
  
  Partner: any third party who is authorized by us to resell or distribute our Custom Market Research Services;
  
  Platform Subscription: a paid subscription plan to use the GWI Platform and access the Syndicated Data as set out in your Order;
  
  Pre-Billed Fees: means where you pay Fees as an advance for Custom Market Research Services to be provided within a twelve (12) month period;
  
  Project: means any project more particularly described in the Custom Study Scope;
  
  Project Completion Date: means the date of completion of a Project for Custom Work as indicated by delivery of the Custom Work from GWI to You;
  
  Reports: means services where GWI provide a short report or extract of an insight to you;
  
  Syndicated Anonymous RLD: means all raw, anonymized respondent level data collected by GWI from respondents or participants in research studies, surveys, or similar data collection activity excluding Custom Anonymous RLD including but not limited to that which: (i) existed before this Agreement; (ii) collected independently from your Custom Work; (iii) developed, generated or collected by GWI outside the scope of the Custom Work; and
  
  You, you, You or your: the party entering into these Data T&Cs or accessing the Services, including your Authorized Users.
TERM
1. Unless terminated in accordance with clause 10 of the Main T&Cs, these Data T&Cs shall apply:
  
  2.1.1 where your Order also includes a Platform Subscription, during the period from the date the Custom Data is made available to you to the end of the Platform Subscription; or
  
  2.1.2 where your Order is in respect of Custom Market Research Services only, during (i) a period of 3 months from the date the Custom Data is made available to you; or (ii) such other term as set out in your Order or as agreed with GWI.
  (“Subscription Period”)
YOUR OBLIGATIONS
1. To the extent the Custom Market Research Services include access and use of the GWI Platform, the Platform Product Specific Terms shall also apply.
CUSTOM MARKET RESEARCH SERVICES
1. Where the Services include Custom Anonymous RLD or GWI agrees during the Subscription Period to your request for Custom Anonymous RLD, GWI grants you a limited, perpetual, worldwide, royalty-free, irrevocable license to copy, modify and otherwise use the Custom Anonymous RLD subject always to: (i) continued compliance with clause 7.3 of Main T&Cs for reasonable attribution; (ii) except as expressly permitted by us in writing, neither you nor the Authorized Users are entitled to use the Custom Anonymous RLD or any derivative to directly or indirectly compete with GWI or its Affiliates.
2. Where the Services include Syndicated Anonymous RLD, GWI agrees during the Subscription Period to your request for Syndicated Anonymous RLD GWI grants you a license on the terms set out in clause 2 of the Main T&Cs for the Subscription Period only, unless otherwise set out in your Order.
3. You acknowledge and agree that GWI shall determine in our sole discretion the duration of the interviews required to fulfill each questionnaire as agreed in the Custom Study Scope. If GWI reasonably determines that the length of the questionnaire exceeds the agreed Custom Study Scope, GWI shall notify you that GWI shall either amend the questionnaire or renegotiate the Custom Study Scope. GWI shall not be obliged to continue to provide our Custom Work in relation to the relevant questionnaire unless and until the questionnaire is amended to our reasonable satisfaction or the Custom Study Scope has been renegotiated. This remains GWI Material and is owned by GWI.
DISCLAIMERS AND LIABILITY
1. In addition to clause 12 of the Main T&Cs, You acknowledge and agree that GWI will not be liable to you:
  
  5.1.1 where our performance is prevented or delayed by an event outside of our control (including irregular panel response rates or any delays, delivery failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet), and the Project timelines may be delayed accordingly;
  
  5.1.2 for any delay or failure by us in performing our obligations to the extent caused by your failure to meet a relevant dependency or any other act or omission (for example missing the questionnaire sign-off date, requesting amendments following questionnaire sign-off, missing the survey test link sign-off date or missing the reporting contents page sign-off date), and Project timelines may be delayed accordingly; or
  
  5.1.3 for any losses suffered by you due to its or their reliance on or use of the Custom Data or the Outputs. GWI shall notify you as soon as reasonably practicable of any likely delays to the Project timeline, and shall determine in our reasonable discretion whether any such delays have been caused by any event referred to in this clause 5.
FEES
1. In addition to clause 8 of the Main T&Cs, you acknowledge and agree that the Fees for Custom Work have been calculated with reference to the Custom Study Scope, and include consultancy time for a kick-off call, an initial draft of questions and a round of amendments equating to not more than 50% of the questionnaire content and minor amendments to the questionnaire (such as wording and routing of options) up until sign-off of the written questionnaire by both parties (“Project Standard Allowance”). Additional fees may be incurred for changes and additional time that GWI reasonably determines to be in excess of the Project Standard Allowance. GWI will obtain prior written approval from you before incurring any such additional fees (such approval not to be unreasonably withheld or delayed), and you acknowledge that GWI shall not be obliged to provide the Custom Market Research Services in respect of an altered Project until these additional fees have been reasonably agreed by the parties.
2. You acknowledge and agree that the Fees are the minimum fees payable for the Custom Work and you agree to pay GWI the fees when due, irrespective of any cancellation, delay or failure to commence, continue or conclude the Custom Work by you.
3. Any Pre-Billed Fees are an advance for Custom Market Research Services and can be credited towards Custom Market Research Services requested by you during a twelve (12) month period commencing on signature of your Order. The Pre-Billed Fees are non-refundable. You acknowledge and agree any failure to use the full amount during the 12 month period is at your own risk and GWI shall have no obligation to refund, credit or compensate you for the expired amount. Any request to extend the period shall be at GWI sole discretion.
PARTNER ACCESS
1. You may also access the Custom Market Research Services through a Partner. You acknowledge that our Partner is completely independent of us, and that the Partner has no authority to enter into any contract, grant any right or provide any promise, guarantee or commitment on our behalf. Any terms and conditions governing transactions and/or arrangements solely between you and our Partner such as any professional services provided to you by our Partner or any third-party products sold to you by our Partner shall not form part of this Agreement. Our Partner is also responsible for arrangements in connection with Fees and your Subscription Period and may administrate the renewal of your subscription(s) to our Custom Market Research Services, in which case you should contact our Partner if you have any questions in relation to your renewal. If you fail to pay our Partner for your subscription (or your Partner fails to pay GWI) GWI may without liability to you, suspend or even end your access to Custom Market Research Services.
AUTHORIZED USERS
1. Subject to compliance with this Agreement and payment of all Fees, GWI authorizes Authorized Users to access and use the Custom Market Research Services as Authorized Users for the Subscription Period and to the extent specified in the Order. You will not grant anyone access who is not an Authorized User. You will be wholly liable for non compliance with this Agreement by a party permitted to access the Custom Market Research Services as if such party was you.
PERSONAL DATA
1. In this clause 8, the following terms shall have the meanings given to them in the Data Protection Legislation: controller, data subject, personal data and process and processed shall be construed accordingly.
2. The Custom Data does not contain any personal data and GWI does not process any personal data as a processor for you. You acknowledge and agree that in the course of providing the Custom Market Research Services, GWI may process limited personal data as a controller such as business administration data, including login details and work email addresses in accordance with our privacy policy. For the purposes of CCPA, GWI shall not use, sell, rent, transfer, distribute, or otherwise disclose or make available for sale the personal information for our own purposes or for the benefit of any third party.
SURVIVAL
1. Obligations by their nature intended to survive termination of this Agreement shall survive including clauses: 4 and 5.

Custom market research services product specific terms

SCOPE AND INTERPRETATION

TERM

YOUR OBLIGATIONS