Scope
The conditions apply to proposals, quotations, assignments and agreements for market research. Deviations must be agreed in writing. Assignments follow the applicable Dutch research code and mandatory ICC/ESOMAR principles.
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Privacy & Terms
English information about use of this website and the general conditions currently referenced by TSVC.
Information on this website
This website provides general information about TSVC and its services. TSVC aims to keep this information accurate and up to date, but does not warrant that all content is complete, error-free or suitable for a specific purpose. A services agreement is formed only when confirmed in writing.
Liability and external links
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General conditions
Market research assignments
This English overview follows the general conditions of the Dutch Market Research Association dated 17 May 2010, currently linked from TSVC.nl. It is provided for accessibility; the original Dutch document remains authoritative.
Research briefing
The client supplies the objectives and all essential information needed for the assignment and confirms that supplied data may lawfully be used. Information received during the briefing is treated as confidential, including when no assignment follows.
Proposals and quotations
Proposals and quotations are non-binding until the assignment is confirmed in writing or work starts with the client’s knowledge. Quoted amounts exclude VAT. Offered rates remain fixed for four months unless the agreed timing changes or a reservation was stated.
Liability
TSVC performs assignments with due professional care. Liability for attributable shortcomings is limited to the fee received for the relevant assignment. Claims must be made within one year of discovery. Consequential loss and third-party claims arising from use of research results are excluded to the extent permitted by law.
Delivery and planning
Delivery dates may change because of unforeseen circumstances or changes to the assignment. TSVC will inform the client of expected delays. Client-requested changes to fieldwork timing may result in additional costs, particularly when made fewer than ten working days before fieldwork.
Changes and additional work
Changes to scope or content require timely consultation and agreement on their practical and financial consequences. Additional work requested by or reasonably attributable to the client is charged separately unless it results from TSVC’s negligence or an avoidable estimation error.
Suspension and termination
A party in breach is normally given seven days to remedy the failure. TSVC may suspend or terminate work when the client does not meet its obligations. Either party may terminate immediately in the event of bankruptcy, suspension of payments or cessation of business.
Payment
Unless agreed otherwise, invoices are payable within fourteen days. Statutory interest applies after the due date. Reasonable collection costs, with the minimum stated in the original conditions, are payable by the client. Payment obligations may not be suspended or set off.
Intellectual property
The client retains rights to materials it supplies and, after full payment, to bespoke research results. TSVC retains rights to proposals, quotations, models, techniques, questionnaires, instruments, software and multi-client research. Neither party may disclose the other party’s protected materials without permission.
Test material
TSVC is responsible for damage to client-supplied test material unless caused by factors beyond its control. The client is responsible for damage caused by the nature or use of supplied test material, except where caused by wilful misconduct or gross negligence by TSVC.
Force majeure
If force majeure prevents performance, TSVC will inform and consult the client. The parties will reasonably consider timing and cost consequences. If performance is delayed by more than three months, either party may treat the assignment as terminated, with TSVC entitled to reimbursement of costs incurred.
Confidentiality, exclusivity and privacy
Both parties keep confidential information secret from third parties not involved in the assignment. Research outputs may be used only in a way that protects respondent privacy and prevents identification. Breach may trigger the immediately payable penalty and damages described in the original conditions.
Transfer
The client may not transfer rights or obligations arising from an assignment to a third party without TSVC’s written consent.
Remaining provisions
Client obligations may not be set off against obligations owed by TSVC. Client claims expire after one year in accordance with the original conditions. The latest valid deposited version applies, and amendments take effect as communicated, subject to existing assignments.
Governing law and disputes
Dutch law applies. Disputes are submitted to the competent court in the place where TSVC is established, except where the applicable MOA research-quality disputes procedure has jurisdiction or TSVC chooses the competent court at the client’s place of establishment.
Authoritative document
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