The Market Research Agreement is essential for organizations conducting or commissioning market research in South Africa. This document is used when a company needs to formally engage a market research provider to conduct research activities such as consumer surveys, focus groups, data analysis, or market trending studies. The agreement ensures compliance with South African legislation, particularly the Protection of Personal Information Act (POPIA), the Consumer Protection Act, and relevant industry standards. It covers crucial aspects such as research methodology, data protection, participant privacy, deliverable specifications, and intellectual property rights. The document is particularly important in the current digital age where data protection and privacy concerns are paramount, and it provides a legally sound framework for both the research provider and the client while ensuring adherence to South African legal requirements.
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1. Parties: Identification of the client and the market research company, including their registration details and addresses
2. Background: Context of the agreement and brief overview of the intended research project
3. Definitions: Definitions of key terms used throughout the agreement, including technical research terminology
4. Scope of Services: Detailed description of the market research services to be provided, including methodology and objectives
5. Duration: Term of the agreement, including start date and end date or project timeline
6. Payment Terms: Fee structure, payment schedule, and related financial terms
7. Data Protection and Privacy: Compliance with POPIA and data protection requirements, including data handling procedures
8. Confidentiality: Protection of confidential information of both parties and research participants
9. Intellectual Property Rights: Ownership and usage rights of research outputs, methodologies, and materials
10. Deliverables: Specific research outputs, reports, and presentations to be provided
11. Quality Standards: Research quality requirements and compliance with industry standards
12. Warranties and Representations: Guarantees regarding service quality and compliance with applicable laws
13. Limitation of Liability: Limits on liability and indemnification provisions
14. Termination: Conditions and procedures for ending the agreement
15. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Subcontracting: Terms for engaging third-party service providers, used when subcontractors will be involved in the research
2. International Data Transfers: Provisions for cross-border data transfers, required when research involves international data collection or processing
3. Participant Incentives: Terms regarding compensation for research participants, included when incentives will be offered
4. Ethics Committee Approval: Requirements for ethics committee oversight, needed for sensitive research topics or vulnerable populations
5. Force Majeure: Provisions for unforeseen circumstances affecting research execution, particularly relevant for long-term projects
6. Non-Compete: Restrictions on conducting similar research for competitors, used in sensitive market sectors
7. Data Security Breach Protocol: Specific procedures for handling data breaches, recommended for large-scale data collection projects
1. Research Specification: Detailed methodology, sampling approach, and technical requirements
2. Fee Schedule: Breakdown of costs, payment milestones, and expense categories
3. Project Timeline: Detailed project phases, milestones, and delivery dates
4. Data Protection Protocol: Specific procedures for data collection, storage, processing, and deletion
5. Reporting Template: Format and content requirements for research reports and presentations
6. Key Personnel: List of key team members and their roles in the project
7. Quality Control Procedures: Detailed quality assurance processes and standards
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