TERMS AND CONDITIONS 1. APPOINTMENT The Buyer has
appointed The Secret Shopper Mystery Shopping Services to carry out
Mystery Shopping Services. 2. DUTIES OF SECRET SHOPPERS 2.1 The Secret
Shopper Mystery Shopping Services shall
use all reasonable endeavours to provide the Services with reasonable care,
skill and diligence and in accordance with current good practice. 2.2 The maximum liability of The Secret
Shopper Mystery Shopping Services in connection with this Agreement shall be
limited to the refunding to the Buyer of any sums paid to it hereunder. 3. TIME FOR PERFORMANCE Time for performance of
the Services shall be as agreed from time to time. If The Secret Shopper
Mystery Shopping Services fails to perform any agreed service within any time
limits specified by the Buyer, the Buyer shall have the right to
require The Secret Shopper Mystery Shopping Services to remedy such
failure within a reasonable time; and if The Secret Shopper Mystery
Shopping Services fails to comply with such a requirement the Buyer shall have
the right to terminate the Agreement. 4. PRICE AND PAYMENT 4.1 Where the price is dependent upon time taken,
the Buyer shall have the right to inspect all work records and other
documentation to satisfy itself that all time has been spent in the provision
of the Services. 4.2 Unless otherwise agreed payment for a single
project, or Wave of a multi-Wave project, will be made on the basis of set-up
and any management fees on contract or confirmation, 75% of the balance on
completion of fieldwork and 25% on delivery of all reports. 4.3 The Secret Shopper Mystery Shopping Services
will render invoices monthly unless otherwise agreed. The Buyer undertakes to
pay invoices within 14 days of the date of the invoice. 4.4 Where information provided by the Client is not
accurate and leads to extra work or expenses The Secret Shopper Mystery
Shopping Services is entitled to invoice for such work and expenses or – if
some part of a programme is thereby incomplete - shall be invoiced as if
completed. 5. EXPENSES 5.1 Where specifically agreed, the Buyer shall
reimburse The Secret Shopper Mystery Shopping Services for any expenses
incurred by The Secret Shopper Mystery Shopping Services in the
performance of the Services. 5.2 The Secret Shopper Mystery Shopping Services shall
if requested submit receipts to support each claim for expenses. 6. CONFIDENTIALITY 6.1 The Secret Shopper Mystery Shopping Services
will not except in the proper course of its duties or as required by law,
divulge to any person any trade or business secrets, or any confidential
information concerning the Buyer which it obtains during the performance of the
Services. 6.2 The Secret Shopper Mystery Shopping Services shall
not publish any matter concerning this Agreement or the internal affairs of the
Buyer without the prior written approval of the Buyer. 6.3 Notwithstanding the above The Secret
Shopper Mystery Shopping Services may list the Buyer among clients for
whom services have been performed. 7. TERMINATION 7.1 This Agreement may be terminated by either
party by giving one calendar months' notice to the other. 7.2 In the event of cancellation by the
Buyer The Secret Shopper Mystery Shopping Services shall be entitled
to invoice the Buyer for all work carried out, for any expenses arising from
cancellation such as cancellation payments to a third party and for 50% of the
value of the fees which would have been earned during the remainder of the
contract. 7.3 Unless otherwise agreed, and in addition to
para 7.2 above, work cancelled within 7 days of the planned start date shall be
invoiced at 75% of the fee; work cancelled within 4 weeks of the first day of
the month during which fieldwork was planned to start shall be invoiced at 50%
of the fee. 8. COMMUNICATION Any notice required to
be given by one party to the other shall be in writing and shall be served by
first class post or facsimile or by hand to the registered address of the party
or such address as a party may from time to time notify to the other party. 9. FORCE MAJEURE Neither party shall
have any liability or be deemed to be in default for any failure in performance
of the Services resulting from force majeure. However, if either party is
unable to perform its obligations under the agreement for a period exceeding 30
days then the other party shall be entitled to terminate this agreement by
giving notice to that effect to the other. 10. STAFF BRIEFING If data is required in a form which allows staff to be identified,
the Client will ensure staff has been notified that mystery shopping will be
taking place and how the information obtained will be used. | 
