Terms & Conditions
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases Services from the Supplier;
1.2 "Supplier" means CFEP UK Surveys Ltd of 1 Northleigh House, Thorverton Road, Matford Business Park, Exeter, EX2 8HF;
1.3 "Terms and Conditions" means the terms and conditions
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 PRICE AND PAYMENT
3.1 Payment of the price shall usually be paid on application for individual surveys and by contract or Service Level Agreement terms as applicable. Payment can be made by credit/debit card on-line or over the phone, by BACS or by cheque. Payment in arrears will be by prior agreement only.
3.2 The price will include our standard number of questionnaires, our full survey support pack, analysis and reporting. Any additional materials/services supplied will incur an additional charge. Additional materials may include, but are not limited to: further questionnaires above those supplied with the standard pack, additional survey support material, changes to standard questionnaires or standard questionnaire format, questionnaire translations, comment translation, report formats, further copies of the report.
3.3 Any changes or additions to the survey/service will be subject to either a full standard charge or an administration charge, whichever is most appropriate, 3.3 The Supplier will send an electronic report to the customer. If a bound paper copy is required there will be an administration charge.
3.4 If the Customer is completing a survey which has a combined report, for example CFEP360 or GMC MSF, if one part of the report is required before all parts of the survey are completed, a charge will be made to provide this separate report.
3.5 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer.
4 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information.
4.4 Comply with such other requirements as agreed between the parties.
4.5 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
5 SUPPLIER'S OBLIGATIONS
5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects at the point of dispatch.
5.3 Delivery of survey material will be within 10 working days of receipt of the application and payment unless otherwise agreed by contract/Service Level Agreement. Delivery of results will generally be within 10 working days from receipt of a sufficient number of completed questionnaires.
5.4 Data protection: All paper copies of the questionnaire will be destroyed after processing and not returned to the customer. This is in line with the NHS Code of Practice and in accordance with CFEP UK Surveys’ confidentiality policy.
6 LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury.
However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.3 The Supplier will provide the data from the survey to the Customer by way of a report. The Supplier shall not be liable for the interpretation of the data or any subsequent actions taken on it.
6.4 The Supplier cannot accept liability for items lost in the post en route to CFEP UK Surveys.
6.5 Reports and data are confidential and will not be shared with any other party without the consent of the participant/organisation on whom the feedback has been gathered except in the instances of potential professional misconduct or where patient safety maybe affected. In these instances the Customer’s overarching employer/contracting organisation may be contacted and results disclosed as appropriate.
Returns/refunds policy: Where a Customer cancels their order after their application has been processed the Supplier shall offer the Customer a 50% refund. Where a Customer fails to complete the survey for reasons unrelated to CFEP UK Surveys; there is no refund. Both parties must return or destroy information received from the other if asked to do so.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 CFEP UK SURVEYS’ PROPERTY
The contents of the CFEP UK Surveys’ website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of CFEP UK Surveys. Format and layout of the questionnaire in whatever format is the property of CFEP UK Surveys. Copying in whole or part is strictly forbidden. Processing of any data entered onto the questionnaire by anyone other than CFEP UK Surveys is strictly forbidden.
Surveys may only be used in the format in which the Supplier issues them, be it written form on paper, provided in an electronic format or in any other medium. Surveys may not be used in any other format other than that supplied. Customers may not at any time, without prior written permission of the Supplier, make copies or reproductions (in whatever form) of the questionnaires or survey material. Where any such copy is considered reasonably necessary, the Supplier will provide written permission.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
CFEP UK Surveys (www.cfepsurveys.co.uk) regularly use links to direct users to additional or related information on other websites. These websites are not under the control of CFEP UK Surveys and we are not responsible for the content of these sites. Other websites are linked or listed as a convenience only and should not be seen as an endorsement of any kind. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.
Registered Address: CFEP UK Surveys Ltd, 6 Providence Court, Pynes Hill, Exeter, Devon EX2 5JL Company No 05781518 Company registered in England