The Terms and Conditions below, and any other rules and policies set forth on this website, comprise the entire agreement (the "Agreement") between you ("you" or "customer") and Asia Opinions Ltd ("we" or "Asia Opinions"). The website and brand, Surveygoo, is owned and operated by Asia Opinions Ltd. We are a limited company, registered in England and Wales under the company number 07429057. Asia Opinions Ltd and the Customer are hereinafter each referred to as a "Party" and together as the "Parties".
1. Survey Tool & Sample Services
1.1. Surveygoo survey tool allows users to create individualized online surveys and obtain results from registered members of Opini online panels and other panel providers hosted on the Cint Panel Exchange ("Sample Services").
1.2. Customers can choose to execute surveys using panelists accessed solely through Surveygoo, or their own customer sample and databases, subject to the rules and policies on this website.
1.3. Customers can conduct surveys with their own sample of up to 10 questions with no restriction on the number of completes at no cost under the Freemium Plan. All other services, including use of Sample Services, are provided as a paid subscription on a 12 month or Pay as You Go basis.
2. Registration Process and Account
2.1. To use the survey tool on a self serve basis and related Add On services you will need to register yourself on the website and create an individual account.
2.2. You will provide current, accurate and complete information. You are solely responsible for maintaining the confidentiality of your password and account information. You will notify us immediately of any unauthorized account activity you are aware of.
2.3. The website is a single user service. Multiple logins and passwords to the same account are not available or permitted. You may not share logins and passwords with others. Sharing login information is violation of this Agreement and may result in your account bring terminated.
3. Customer Obligations
By accepting the Terms and Conditions you agree to the following responsibilities:
3.1. Compliance with our anti spam policy (section 17).
3.2. Lawful use of the service.
3.3. You are solely responsible for the content of the surveys you conduct using Surveygoo, including images, audio, graphics, data, music, photographs, text, survey questions, including subject and objectives.
3.4. All surveys conducted using Surveygoo will be in compliance with ESOMAR Code of Marketing and Social Research Practice
4. Use of Sample Services
4.1. Surveygoo enables You, at your sole discretion, to perform and execute the Sample Services. For the purpose hereof, a "panel" means a collection of information on private individuals with specific characteristics and qualifications used for customer and other surveys.
4.2. When using Online Panel Access sample services the Customer will for every survey determine (i) the number of questions in the survey, (ii) the number of answers required for the specific survey and (iii) the variable specifications of the respondents (including, but not limited to, country and region, age range, education level, gender, occupation status, etc.). However, Surveygoo does not guarantee that such requirements can be met (i.e. that the number of responses requested can be achieved with the required variable characteristics of the respondents). Prior to initiating the survey, Surveygoo shall submit the survey to its provider for testing and approval. Surveygoo reserves the right to, in its sole discretion, deny any survey for any reason.
4.3. The field time (the time period during which a survey is active) is normally seven (3 - 7) days or less for each survey. If the number of answers (completes) required is not reached within seven (7) days, the field time may be prolonged to fourteen (14) days.
4.4. The Customer agrees that all surveys and other use of the Sample Services must comply with ESOMAR Code of Marketing and Social Research Practice and that, without limiting the generality of Section 4.2, Surveygoo's provider may deny any survey not so complying.
4.5. Sample costs provided outside of Online Panel Access will be based on an agreed specification of interview length (LOI), screening requirements and Incidence Rate (IR). Should the final delivery vary from the orginal specification, Surveygoo reserve the right to modify the price quoted for sample services.
5. Use of Add On Services and Full Services
5.1. For the purpose here of, "Add On Services" mean questionnaire design, questionnaire scripting, data analysis and reporting, and is provided to Surveygoo subscribers and Key Plan customers.
5.2. For the purpose here of, "Full Services" means professional research services, including questionnaire design, questionnaire scripting, sample services, data analysis and reporting.
5.3. Full Services may be provided to non subscribers of Surveygoo survey tool; all activity is undertaken on the client's behalf using the Surveygoo survey tool platform, or other survey platforms as required, by professional researchers working under the Surveygoo Full Services team.
5.4. When using Questionnaire Design services the Customer will provide detailed survey objectives and background sufficient for the purposes of designing a questionnaire. Surveygoo will produce a full questionnaire, including logic, skips, and respondent instructions. One draft version of the questionnaire will be written which shall be reviewed by the customer; up to one set of changes may be made after the customer has reviewed the draft questionnaire. The questionnaire will be prepared in Word or PDF.
5.5. Surveygoo will inform the customer of the likely cost of the questionnaire design service based on the estimated length, and complexity of the questionnaire established from the provided survey objectives, background or any other relevant information.
5.6. Surveygoo reserves the right to amend the price, subject to agreement and prior to completing the questionnaire design tasks, if additional work is required or the overall length and complexity of the questionnaire is significantly longer than the initial estimate.
5.7. Questionnaire scripting and programming services provided to current Surveygoo subscribers and Key Plan customers will be undertaken using the customers existing Surveygoo user account, unless otherwise stated. Surveygoo will provide a functioning online survey based on the agreed questionnaire and specification, including demographic requirements, sample source and question routing. One draft version shall be produced; up to one set of changes may be made after the customer has reviewed the draft survey script. The customer shall review the scripted questionnaire using the Preview mode, and having confirmed satisfaction with the finalised script, will be responsible for launching the survey at their discretion.
5.8. Questionnaire scripting services provided to non subscribers of Surveygoo or non Key Plan customers, will be undertaken and managed by the Surveygoo Full Services team. The customer shall review a draft version of the survey script with the provided test survey link; they may make one set of changes to the draft survey. The survey will be administered by the Managed Services team using the agreed sample source. The customer shall receive the data and agreed report ouputs, including additional data analysis and reports, on completion of the survey.
5.9. Surveygoo reserves the right to amend the price should the customer specify additional requirements beyond the scope initially specified for Questionnaire scripting or require additonal reporting activities and formats not provided by off the shelf by surveygoo survey tool.
5.10. The fee quoted for Questionnaire scripting services does not include the cost of Sample services (e.g. Online Panel Access or the purchase of external email databases). Add On Service customers shall hold a current Survegoo subscription.
6. Fees and Payment Terms
6.1. The fee which the Customer will be charged for the Sample Services is dependent on the number of responses requested, the number of variable characteristics required for the specific survey and the number of questions asked. The fee will be calculated by the system and presented to the Customer before finalizing the order.
6.2. If Surveygoo is not able to collect the requested number of responses in accordance with the requirements and specifications for the survey prior to the survey being closed by the Customer, the Customer will be entitled to a proportional reduction of the fee for the survey, e.g. if the number of responses requested is 500 but the number of responses collected in accordance with the requirements and specifications for the survey is 300, the fee payable by the Customer for the survey will be reduced to an amount equal to 300/500 of the applicable fee. The amount of such reduction will be refunded to the Customer by Surveygoo.
6.3. If a Customer buys a paid subscription to the Services, Add-On Services, or Sample Services ("Online Panel Access"), all fees, including VAT, will be paid to Asia Opinions Ltd.
6.4. Surveygoo may change its fees at any time, and at its sole discretion.
6.5. Pay as You Go, Standard and Premium subscribers elect to pay by credit card or Pay Pal Account, and that all fees for Services and Sample Services ("Online Panel Access") are collected before the Subcription or Survey is activated.
6.6. At the end of the Subscription period, the Customer's account will revert to a Freemium Account.
6.7. Trial Plan Customers are granted full access to unlimited use of Surveygoo services for a period of one month. Trial Plan Customers agree that any Sample Services ("Online Panel Access") used during the Trial Plan period, shall be purchased at the end of the trial. Payment will be made within fourteen (14) days of the invoice date. At the end of the Trial Plan, Customers can upgrade to a Key Plan, or their account will revert to a Freemium Plan.
6.8. Key Plan Customers hereby agree that any Sample Services ("Online Panel Access") purchased will be paid along with the monthly Subscription at the end of each month during the Subscription period. Payment will be made in full within fourteen (14) days of the invoice date. Unless otherwise agreed by Surveygoo, Key Plan Customers agree to subscribe for 12 months at the current Subscription rate. The Subscription will be made in 12 equal payments.
6.9. Surveygoo reserves the right to cancel or suspend Trial Plan and Key Plan Customer accounts for any breach of the Agreement or non payment of due Fees or Subscriptions.
6.10. Subscription plans do not include the cost of Sample Services, which are optional.
6.11. Add On Services used by Key Plan customers will be invoiced on completion of the service provded and is payable within 14 days of the date of the invoice.
6.12. Add On Services used by other Surveygoo subscribers shall be paid before any work is undertaken.
6.13. Work undertaken under Full Services, including questionnaire design, questionnaire scripting and purchase of sample services, shall be invoiced 50% upfront payable within 14 days and 50% on completion of the agreed scope of work within 30 days of the date of the invoice.
6.14. Outstanding fees and costs after 30 days of the invoice shall be subject to an interest charge of 2.5% per month.
7. Cancellation And Refunds for Survey Tool
7.1. You may cancel your subscription at any time by notifying Surveygoo Support. If you cancel your subscription within 14 (fourteen) days of the date of subscribing to Standard (6 month) or Premium (12 month) Subscriptions, or Pay As You Go plans, as long as the account has not been used to launch a survey(s) and you have not exported any reports from that survey(s), you will be entitled to a full refund (minus bank and administration cost). You must contact us before the 14 days have elapsed to qualify for a refund.
7.2. Any refund will be credited to the credit/debit card used to pay for the subscription.
7.3. The Net Refunded amount will be the Subscription fee, minus bank charges and administration (minimum of 4.9%)
7.4. The user account will be deleted from the date the refund instruction is issued.
7.5. Refunds take 5 - 7 days to reach the user account account from the date the refund instruction is issued.
8. Customer Conduct
8.1. The Customer undertakes not to use any part of the Sample Services for any purpose that is unlawful or prohibited by this Agreement or otherwise.
8.2. The Customer undertakes to not solicit any panel members of the panels accessible through the Sample Services to become panel members of any other panel or mailing list, and/or to send any commercial advertising to the panel members.
8.3. The Customer agrees not to (i) copy or attempt to copy any confidential information or data contained in the Sample Services other than for the purpose of using the Sample Services as provided for in this Agreement or (ii) make any attempt to obtain the source code of the Sample Services or (iii) in any other way whatsoever create or permit others to attempt to create, by reverse compiling or disassembling or otherwise, any part of the Sample Services.
9. Proprietary of Rights
9.1. The Customer agrees that any and all rights relating to the Sample Services, including Surveygoo's Toolin itself, is and shall remain the sole property of and proprietary to Asia Opinions Ltd, its affiliates and/or its provider and other third party licensors. Nothing in the Agreement shall alter these rights and no title to or ownership of Asia Opinions's Survey Tool, Surveygoo website, or any other part of the Sample Services is transferred to the Customer by the Customer's use or purchase of the Sample Services. The Customer further acknowledges and agrees that materials and other content made available to the Customer through the Sample Services is subject to the intellectual property rights of Surveygoo's provider and its third party licensors.
10. Indemnification by Customer
10.1. The Customer hereby agrees to defend, indemnify and hold harmless Asia Opinions Ltd, and Asia Opinions's affiliates, directors, officers, employees, agents and contractors, from and against any and all losses, damages, liabilities, costs, expenses (including costs and reasonable fees of attorneys and other professionals), that may be incurred by Asia Opinions Ltd related to the Customer's use of the Sample Services, including but not limited to survey responses or survey results, and/or related to any violation of this Agreement.
11. Disclaimer of Warranties
11.1. The Sample Services are provided on an "as is" basis. The owners and creators of the Sample Services do not warrant that the software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from the Customer's use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of the Sample Services, employees, resellers or other representatives or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of the Sample Services for any purpose or give rise to any liability of Asia Opinions Ltd or its provider whatsoever, and You agree not to rely on any such statement, information or advice.
12. Limitation of Liability
12.1. To the fullest extent permissible pursuant to applicable law, neither Asia Opinions Ltd, or its employees or consultants shall be liable for any indirect, special, incidental, consequential or punitive damages arising out of the Customer's access to, use of, inability to use, or reliance on the Sample Services or any surveysconducted via Surveygoo, survey responses or survey results, even if advised of the possibility of such damages.
12.2 Asia Opinion's liability for any direct damages suffered by the Customer under this Agreement shall be limited to an aggregate maximum amount equal to the amount paid by the Customer for the Sample Services or survey tool during the twelve (12) months immediately preceding the occurrence of the event causing the damages.
13. Force Majeure
13.1. The Parties shall be relieved from liability for a failure to perform an obligation under the Agreement if such failure is caused by a circumstance of the type stated below ("Force Majeure Circumstance") and the circumstance prevents or makes substantially more difficult the timely performance of such obligation. A Force Majeure Circumstance shall be deemed to include inter alia acts or omissions of authorities, new or amended legislation, leaving of personnel, illness or other reduction of work capacity, death, conflicts on the labour market, blockade, fire, flood, loss or destruction of data or property of major significance or a major accident.
13.2. If either of the Parties wishes to claim relief pursuant to the provisions in this Section 11., it shall without unreasonable delay inform the other Party thereof in order to be able to invoke such a claim.
13.3. Notwithstanding the aforementioned either of the Parties may under the stated circumstances rescind the Agreement if performance by the other Party of a certain obligation has been delayed by more than [sixty (60) days].
14. Term and Termination
14.1. This Agreement shall automatically become effective upon the Customer's first use of the Sample Services or Surveygoo survey tools, and continue indefinitely until it is terminated.
14.2. Either of the Parties may immediately terminate this Agreement (the "Terminating Party") by written notice to the other Party in the event that said Party materially breaches any of its obligations under this Agreement (the "Breaching Party"), if such breach is not cured within 1 and 14 days of the Breaching Party's recieval of notice from the Terminating Party.
14.3. Either of the Parties shall be entitled to terminate the Agreement, upon [thirty (30) days] written notice, if the other Party is declared bankrupt, enters into composition or corporate reorganization proceedings or liquidation or can otherwise be assumed to have become insolvent.
14.4. Upon termination of this Agreement for any reason, any and all rights granted hereunder shall terminate and the Customer shall immediately cease all use of the Sample Services. The Customer acknowledges and agrees that [name of company] may, in its sole discretion, take any measures reasonably deemed necessary or desirable to prevent further use by the Customer of the Sample Services. If [name of company, pursuant to such termination of the Agreement mentioned in Section 1.2, refuses to provide the Sample Services to the Customer for a survey ordered by Customer, [name of company] will notify the Customer hereof and the fees paid by the Customer will be fully refunded to the Customer.
14.5. The termination of the Agreement shall be without prejudice to any other rights or remedies which a Party may have against the other, and termination of the Agreement shall not constitute a waiver, release or estoppel by either Party of any right, action or cause of action it may have against the other.
15.1. All notices and other communications required or permitted to be given by Asia Opinions Ltd to the Customer under this Agreement will be deemed to be properly given on the date when:
(i) posted on Surveygoo.com website; (ii) sent by email to the Customer's email address, as given by the Customer to Surveygoo; or (iii) sent by postal mail to the Customer's postal address, as given by the Customer to Surveygoo.
15.2. The Customer may give notices to Surveygoo under this Agreement by email to email@example.com or by postal mail to company address.
16.1 This Agreement is personal to You, and You may not assign, transfer or delegate your rights or obligations to anyone.
16.2. This is an Agreement between separate legal entities and neither is or shall be deemed to be the agent or representative of the other for any purpose whatsoever and nothing contained in the Agreement shall have such effect. The Parties do not intend to create a partnership or joint venture of any kind. No Party shall have any authority or power to enter into any agreements on behalf of the other Party or otherwise bind, commit or oblige the other Party in any way.
16.3. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
16.4. The division of the Agreement into separate sections and the insertion of headings are for convenience only and shall not affect the interpretation of the Agreement.
17.1. The Customer hereby undertakes without limitation in time, not to disclose to any third party any confidential information concerning the Sample Services, the business and/or financials of Asia Opinions Ltd or any of its affiliates or third party licensors.
17.2. For the purpose of this confidentiality undertaking confidential information shall mean any and all information - including but not limited to technical, practical and commercial information - save as provided below.
(i) Information, which is known or which will become known in full detail to the public other than by breach of the obligations herein contained.
(ii) Information, which the Customer can show was in its possession before making this undertaking.
(iii) Information, which the Customer has received or will receive from a third party without restraints as to the disclosure thereof.
17.3. If the Customer wishes to use or disclose information based on any of the foregoing exceptions the Customer shall have the burden of proof regarding the applicability of such exception by objective and verifiable evidence and shall in no event be entitled to use such information prior to [thirty (30) days] after notice of such intention to Asia Opinions Ltd.
18. Governing Law and Disputes
18.1. This agreement shall be governed by and construed in accordance with laws of England.
18.2. The Customer hereby submits to the non-exclusive jurisdiction of the courts of England for the purpose of any action or proceeding arising out of or in connection with the Agreement. The court of first instance shall, regardless of which party who initiates the proceedings and regardless of the nature of the claims involved, be the City Court of England.
18.3. Notwithstanding any of the foregoing, nothing in the Agreement shall affect the right of Asia Opinions Ltd to serve legal process in any other manner permitted by law or limit the right of Asia Opinions Ltd to bring any action or proceeding against the Customer in the courts of other jurisdictions.
19. Anti Spam Policy
19.1. The customer agrees to comply with anti spamming good practice and not to engage in any spamming activities while using Surveygoo
19.2. You understand that Surveygoo is serving as a "survey host" and is not the sender of the survey, and that the Customer has sole responsibility for emails using the Services.
19.3. The Customer warrants to have a current business or personal relationship or have gained consent to send email invitations to a survey in your own email list, or lists you have acquired through third parties.
19.4. Asia Opinions Ltd may request proof from the Customer that email recipients have agreed to receive email messages from the Customer, or provide details of the list vendor and specific opt in processes for the list used.
19.5. Asia Opinions Ltd reserves the right to terminate the account to any Customer deemed to have used Surveygoo in connection with any spam email, or otherwise breach the Anti Spam policy and Terms and Conditions of Surveygoo.
19.6. Asia Opinions Ltd reserves the right to terminate the Customer's account and use of Surveygoo services without notice, if the Customer's does not comply with our Terms and Conditions and Anti Spam policy.
19.7. If you suspect that Surveygoo has been used by someone to send spam, please notify us immediately at firstname.lastname@example.org so that we can investigate the complaint.