These terms and conditions are to be read in conjunction with the proposal to which they are appended and may be varied as specified in the proposal.
These Terms and Conditions include but are not limited to verbal communication, either in person or by telephone, communication in writing or graphical form, both on paper and in any electronic form such as email, websites, Twitter or text messages. The term ‘publication of results’ is used to refer to any or all of these forms of communication.
1. Validity of Proposals – 3 months unless otherwise specified – and are subject to information provided
1.1 All proposals are open to acceptance for a period of three months from the date of issue unless a different time limit is stated. If the project does not commence in field within twelve months, through no fault of McNair yellowSquares, and irrespective of a deposit or the full amount being paid, then a revised quote will be provided to reflect any applicable change in cost due to time elapsed.
1.2. Quoted fees are based on the information provided, including, but not limited to:
- The subject of the survey
- Disclosure of the client’s identity
- The design of the questions
- Quota specifications
- The length of the survey
1.3. The proposal may specify that the cost or number of interviews to be achieved may be dependent on the incidence of respondents or the time required to complete the survey.
1.4. The length of the survey will be determined by test interviews conducted by McNair yellowSquares. The same questionnaire conducted by different methods, such as online self-completion and by telephone may take different amounts of time.
1.5. All timing schedules are subject to availability at the time of authorisation to proceed and subject to prompt approvals by the client. Timing may also be varied due to eventualities beyond the control of McNair yellowSquares.
1.6. Note that our call centre operates at near capacity and that interviewing needs to be scheduled in advance.
1.7. If the proposed services are modified then a revised quote will be provided that reflects the changes to the required specifications.
2. Entire Contract - comprises the proposal or quotation in combination with these Terms and Conditions
2.1. These terms, together with the proposal and its acceptance, shall constitute the entire contract between McNair yellowSquares and client.
2.2. Any alterations to the specifications must be made and clearly accepted by both sides in writing.
3. Proposals are confidential
3.1. The information contained in this proposal (and in any report which may derive from this proposal) is submitted in confidence to the client and comprises information of commercial and financial affairs of McNair yellowSquares, the disclosure of which would adversely affect McNair yellowSquares in respect of its lawful business, commercial and financial affairs.
4. Liability - limited to that covered by insurance policies
4.1. McNair yellowSquares holds such insurances as prudent as a supplier of market and social research, including Public Liability Insurance, Workers Compensation Insurance and Professional Indemnity Insurance.
4.2. McNair yellowSquares indemnify clients and subscribers to research within the limits of that covered by the insurance policies identified in clause 4.1 above.
4.3. McNair yellowSquares is not responsible for and does not indemnify clients for the outcomes of decisions made based on research results.
5. Accuracy - mindful that the results are from sample surveys that have a margin of error
5.1. The client shall recognise that figures contained in the report are estimates derived from sample surveys carried out in accordance with accepted Market and Social Research methods and as such are subject to limits of statistical error.
5.2. McNair yellowSquares shall use its best endeavours to ensure the accuracy of the report but does not warrant the accuracy of any data provided, nor does it accept the responsibility for any error contained in or any omission from the report or any loss direct or consequential arising therefrom.
5.3. In the process of conducting interviews, McNair yellowSquares records the responses given by those surveyed as accurately as possible. However, McNair yellowSquares can make no attestation whatsoever as to the accuracy of the information provided by respondents.
5.4. In the case that the client is in dispute with McNair yellowSquares or dissatisfied with any aspect of the research the client will raise these concerns directly and only with McNair yellowSquares and may not communicate these concerns with any other entities, companies, associations, the trade press or any other media organisations or representatives of the media without the express consent of McNair yellowSquares.
6. Standard fees & fees for additional services
6.1. Delays, additional meetings or changes to the specifications outside of the timing described above may incur additional costs, charged at our standard fees outlined below. Clients will be advised and consulted before such additional costs are incurred.
- Fieldwork – labour only Aust $75 per hour + GST
- Administrative labour Aust $140 per hour + GST
- Executive labour Aust $180 per hour + GST
- Directors fees Aust $240 per hour +GST
6.2. Postponement of fieldwork at less than five days’ notice will incur an excess cost equivalent to half the fees for the interviewing for the project.
6.3. Unless otherwise specified, all projects with a value of $10,000 or more will be invoiced in two parts - 50% on commission and 50% on completion.
7. Questionnaire wording and length to be reasonable
7.1. McNair yellowSquares may require modifications to the wording and/or design of the questionnaire to ensure that it is clear, comprehensible, inoffensive and meets the requirements of the Australian Marketing and Social Research Society Code of Professional Behaviour.
7.2. The client will rely on McNair yellowSquares’ assessment of the length of a survey.
7.3. In the case of online surveys, respondents will be given a minimum of four days to complete the survey.
7.4. McNair yellowSquares may limit the length of a survey to that specified in the proposal.
8. Test Materials – client to indemnify
8.1. In the event that McNair yellowSquares shall be commissioned to conduct a survey requiring respondents to examine, use, consume or discuss any products or materials including, by way of example only, food, drink or medications, a process for mandatory reporting of adverse effects including allergies and reactions must be put in place and adhered to.
8.2. In the event that McNair yellowSquares shall be commissioned to conduct a survey requiring respondents to examine, use, consume or discuss any products or materials including, by way of example only, food, drink or medications, the client shall indemnify McNair yellowSquares against any action by anyone relating to the description, presentation, use or consumption of these materials, whether or not the client is the manufacturer, distributor or agent for such materials.
9. Terms of Payment - Usually on completion on 30-day terms. Fees may be charged for cancellations or delays
9.1. Unless stated to the contrary in the proposal the fee for the survey shall normally be invoiced and payable on completion.
9.2. Terms of payment are 30 days from invoice date - any account that remains outstanding after 30 days may be charged an overdue account fee of 12% per annum of the overdue amount. Statements will be issued each 30 days that an account is overdue. Additional recovery fees may apply for accounts overdue by 90 days or longer.
9.3. These terms are irrespective of internal client bookkeeping practices or receipt of payment by a client from other parties.
9.4. In the case of the cancellation of the project after it has been commissioned, and through no fault of McNair yellowSquares, a minimum fee of $1000 will be applicable reflecting project start-up costs. The client will also be liable to pay for:
- Actual costs incurred by McNair yellowSquares in relation to the project, which may include questionnaire design, project planning, programming, project management, interviewer scheduling, pilot and cognitive testing and any fieldwork undertaken, as well as
- Financial commitments entered into by McNair yellowSquares in reliance on the commissioned work, and
- The cost of lost opportunities for McNair yellowSquares as a result of allocating resources in anticipation of the commissioned work.
9.5. In the case of a delay that is instigated by the client and results in the interruption of the agreed timetable or natural progression of the project for more than 30 days (for example, postponement caused by changes to a campaign timetable), McNair yellowSquares will be entitled to issue an interim invoice for all costs incurred to date, including costs incurred in preparation for future components of the research project, prior to the delivery of those components. Clients will be notified of this in advance.
9.6. McNair yellowSquares is entitled to charge to the client any costs associated with recovery of overdue fees.
9.7. Ownership of the report and all results remain the property of McNair yellowSquares until payment is received in full, McNair yellowSquares reserves the right to provide or sell the results to other parties in the case that a client does not make payment in full within 90 days of completion of the project - other than in the case of subscription research, the results of which remain the property of McNair yellowSquares in perpetuity, and are subject to the terms and conditions for subscription research described below.
9.8. The reporting and publication of survey results in any format, whether internally or externally of the client's organisation must show the source of the research as McNair yellowSquares.
10. Reasonable communication and availability
10.1. McNair yellowSquares staff are available for client communications during standard office hours of 9 am to 5 pm Sydney time. Communications outside of those hours need to be pre-arranged or for urgent requirements only, that could not have been communicated during business hours.
10.2. The preferred method of communication and liaison on research proposals, design such as questionnaire design and research analysis is by email. Clients must advise McNair yellowSquares prior to a cost agreement if they are unable to use email for most communications.
10.3. Both McNair yellowSquares and the Client will treat all people at one another’s organisations with respect and communicate politely both in terms of words and tone of communication.
10.4. Unless otherwise specified in the proposal, in-person meetings may be chargeable in addition to the fees quoted.
11. Dispute Resolution - To be resolved by direct and active communication
11.1. Both McNair yellowSquares and the client will work to resolve disputes in a balanced and fair way, and as amicably as possible.
11.2. Both McNair yellowSquares and the Client recognise the need to discuss matters and ask one another questions related to the project, and that answers need to be supplied as promptly as reasonably achievable given the nature of the information required.
11.3. That if a client is dissatisfied or uncertain about an issue that could foreseeably contribute to a dispute down the track, that client will raise the issue with McNair yellowSquares promptly, and in good faith, in order for the issue to be resolved.
11.4. That if a product or service provided by McNair yellowSquares is faulty or lacking, the client will work cooperatively and positively with McNair yellowSquares by reasonably accommodating McNair yellowSquares’ efforts to remedy the issue.
11.5. Both McNair yellowSquares and the Client will be proactive in the management of potential disputes and in working to prevent disputes arising or escalating.
11.6. Both McNair yellowSquares and the Client will be available to discuss a dispute or potential dispute as necessary – in good faith, as soon as reasonably possible.
11.7. That neither McNair yellowSquares nor the client will discuss or disclose any aspect of the dispute to any other parties, including but not limited to, other organisations, clients of McNair yellowSquares or the media, unless that disclosure has been agreed to by both parties in anticipation of resolving the dispute, such as engaging an arbitrator, mediator or legal advice.
11.8. The dispute will be limited to the subject of dispute and will not be escalated beyond the incident or project to which it relates.
11.9. A client may not suggest or infer non-payment for service by McNair yellowSquares or a discount without having fully fulfilled the dispute resolution steps in clauses 11.1 – 11.8.
11.10. That if a client wishes to terminate a contract prior to fulfilment by both parties, McNair yellowSquares may call on the client to participate in the dispute resolution process, and the client agrees to participate fully and promptly.
12. Subscription Research - Additional terms for shared, subscription or syndicated research results
12.1. Where a research proposal provided by McNair yellowSquares refers to the research as subscription research, this means that the research may be conducted on behalf of more than one client. In the case of subscription research, the documentation will indicate which components of the research design and results are exclusive to one or more subscribers, and what results may be provided to more than one client.
12.2. In the case of subscription research, the proposal will provide information about the number of subscribers required for the research to proceed, and the cost of that research in the circumstances of various numbers of subscribers. Such conditions are binding on all subscribers. In the absence of the specification of any such conditions, subscribers can assume that the research will be conducted and the results provided on the terms offered, irrespective of any other subscribers to the same research.
12.3. Condition 3 of these Terms and Conditions equally applies to subscription research. While some subscription rates may be published in a proposal or marketing material provided to a number of clients, any variations or further information provided to individual clients remains confidential to the recipient of that offer, and may not be disclosed to any other organisations, including other subscribers to the research.
12.4. All conditions described herein relating to subscription research will apply even if there is only one subscriber.
12.5. Unless otherwise specified, in the case of subscription research, the ownership of the survey results remains with McNair yellowSquares in perpetuity.
12.6. The Client and the companies and organisations represented by the Client may freely distribute portions of subscription research results within their organisation, as well as to their clients or potential clients for the purpose of selling advertising, subject that the source of the information is clearly acknowledged to McNair yellowSquares in every instance.
12.7. In the event that the client intends a wider circulation of the survey’s findings, and if unlimited publication of the results has not been expressly allowed for in the proposal, the client must obtain prior written approval from McNair yellowSquares of the content of such publication and must clearly acknowledge McNair yellowSquares as the source of the information in every instance.
12.8. Any organisation, business or individual that discloses any results of research provided by McNair yellowSquares, that organisation, business or individual will be deemed to have subscribed to that research and will be invoiced and required to pay the fees invoiced by McNair yellowSquares.
12.9. Any organisation, business or individual that discloses any results of research provided by McNair yellowSquares to any other person, organisation, business or entity, other than for the purpose as described under 12.6 above will be deemed to have subscribed on behalf of the recipient, and will be invoiced and required to pay the fees invoiced by McNair yellowSquares in addition to any other fees payable on their own behalf in 12.6 above.
12.10. In the case of subscription research, permission to disclose survey findings will expire upon the Client having access to updated results for the same information. Updated results will be deemed to be the results of substantially similar questions surveyed in the same geographic markets at a later time and made available by way of subscription to the client, irrespective of whether the Client subscribes or not to the updated results.
12.11. Clients may only disclose or publish expired survey results in comparison to the updated results if they have subscribed to both, and subject to review by McNair yellowSquares.
12.12. The publication of subscription research results in written or graphical format on paper or electronically must include sourcing the data source as McNair yellowSquares, as well as the dates of the research.
13. Sample Use Transparency
13.1. McNair will make available to clients on request:
- participation rates (where possible) and the methods used to calculate them;
- completion rates;
- measures of participant engagement used and an anonymised account of any participants removed or replaced because of poor research behaviour; and
- exclusion information.
13.2. McNair yellowSquares will source sample from McNair proprietary panels wherever possible. Where additional panel or sample sources are required, McNair will retain records of sample blending sufficient for traceability and replicability and will provide this information, inclusive of sample sources, on request. McNair will ensure that personal data are not shared whenever sample blending measures are used unless participant consent is obtained.
Content last updated: January 2025