These terms and conditions are incorporated by reference into the request (the “Request”) submitted by the below indicated Client or its agency. These Terms and the Request are collectively referred to herein as the “Agreement.”
Acceptance/Rejection of Requests
Submission of your Request is merely an offer to the website to use commercially reasonable efforts to provide the services and deliver the deliverables described in the Request for the price proposed therein. The Request is not binding on the website unless or until the website delivers written confirmation of its acceptance of the Request to the Client. The website reserves the right, in its sole discretion, to accept or reject any Request. Acceptance of a Request only obligates the website to use commercially reasonable efforts to provide the services described in the Request. In the event The Website accepts a Request , Client shall have thirty (60) days to make its survey available to The Website as required by the Request . In the event Client fails to do so within such sixty (60) day period, the Agreement shall immediately terminate. In the event The Website rejects a Request , it may propose an alternative price and/or scope of work for the Request, which such alternative proposal shall be merely an offer to the Client to provide such services and deliver such deliverables as specified in the alternative proposal. Unless otherwise stated in such an alternative proposal, the alternative proposal shall be valid for a period of sixty (60) days from the date of sending. If not accepted by Client (as confirmed in a writing received by The Website) during such period, The Website’s alternative proposal shall be automatically revoked.
- Term of Payment
Promptly after sending written confirmation of its acceptance of Client’s Request , The Website will invoice Clientthe amount set forth in the Request. Unless otherwise stated in The Samples Network’s insertion order: (i) payment of fifty percent (50%) of such amount shall be payable to The Website upon receipt of the invoice; and (ii) payment of the remaining fifty percent (50%) of such amount shall be payable upon The Website’s delivery to Client of the deliverables set forth in the Request. In the event The Website is unable to obtain the number of surveys specified in an Request in accordance with the terms of such Request, The Website shall: (i) reduce the Request price charged to Client by a percentage equal to the percentage deficiency in surveys it is able to deliver in accordance with the Request; and (ii) provide Client with a ten percent (10%) discount on its next Request accepted by The Website. Amounts unpaid by Client after thirty (30) days shall bear interest at the rate of one-and-one-half percent (1.5%) per month (or the highest rate permitted by law, if less) until paid in full. In the event of any failure by Client to make payment, Client will be responsible for all reasonable expenses (including attorneys’ fees) incurred by The Website in collecting such amounts. Without limiting any other remedy available to The Website in law or equity, in the event that Client is in default of its obligations hereunder, including without limitation delinquent in payments required to be made hereunder, Client shall upon notice by The Website cease-and-desist from any further use of any information, materials or other deliverables acquired under this Agreement. All payments due hereunder are in U.S. dollars and are exclusive of any applicable taxes. Client shall be responsible for all applicable taxes.