The Experience Boutique Terms and Conditions 2015
- These Terms and Conditions apply when a Buyer appoints the Experience Boutique to carry out a mystery shopping program . They are governed by English law. We submit to the exclusive jurisdiction of the English Courts.
- The Experience Boutique will provide services with reasonable skill and diligence and in accordance with current good practice.
- The maximum liability of the Experience Boutique in connection with these conditions shall be limited to refunding the buyer of any sums paid to it hereunder.
- Both parties agree to be bound by the provisions of the MRS Code of Conduct and the MSPA Code of Ethics and Standards.
- Quotes are valid for 30 days from the date that the quote was provided, unless otherwise specified by us.
- The set up fee and 50% of the fieldwork cost is payable upon contract or confirmation. The remaining 50% of the fieldwork cost is payable upon completion of the fieldwork and delivery of all reports (or monthly in arrears for fieldwork extending over several months).
- The Experience Boutique will render invoices monthly. The invoices are to be paid within 30 days of the invoice date.
- Any invoice not paid within 15 days of the invoice due date will incur a charge of 5% of the invoice total and all services will be suspended until all past due invoices have been paid.
- Acceleration clause: if one payment is not paid within 15 days of the invoice due date, then the Experience Boutique withholds the right to state that all remaining invoices of the contract are due immediately.
- If a collection agency has to be appointed to collect payment, the Buyer will be liable for any fees incurred in this process, including legal fees.
- Where information provided by the Client is not accurate and leads to extra work or expenses, such work and expenses shall be invoiced as if completed.
- We require one calendar month’s notice for any cancellations.
- In the event of cancellation by the Buyer, the Experience Boutique will be entitled to invoice the Buyer for all work that had already been carried out. The Buyer will also be charged for 50% of the value of the fees that would have been earned during the remainder of the contract as well as any other expenses incurred by the cancellation, such as cancellation payments to a third party.
- In addition to paragraph 10, any work cancelled or postponed within 7 days of the planned fieldwork start date will be invoiced at 75% of the fee. Work cancelled or postponed between 7 to 28 days of the planned fieldwork start date will be invoiced at 50% of the fee.
- The Experience Boutique will not divulge to any person any confidential trade or business information concerning the Buyer.
- The methodology including report forms, results and action plans is the intellectual property of and copyright to the Experience Boutique.
- The Experience Boutique may list the Buyer among clients for whom services have been provided and use the relevant logos in clients lists.
- We will not be liable or responsible for any delay or failure to perform any of our obligations under a contract if that delay or failure is caused by an event outside our reasonable control (force majeure event). We will have an extension of time for performance of our obligations for the duration of time that the force majeure event continues. We will use reasonable endeavours to fulfill our obligations under the contract despite the force majeure event.
Version 1, September 2015