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Get all the benefits of our competitive benchmarking subscription service tailored to your need.
Access to Customer Power is easy and flexible. You can buy access to the whole data set for 11 sectors via our online platform, or data from one or more sectors that are relevant to you. Instead of, or in addition, you can also buy bespoke competitive benchmarking reports. Please select the options of interest to you to obtain the price.
Bundled discounts have already been applied for the purchase of multiple combinations.
The prices here show the base fee for the first year; any repeat access to top-up data in subsequent years will be charged at a reduced level and will be agreed at time of renewal.
Online platform accessing all sectors and brands
Specific sector access – choose which sectors are of interest to access via our online platform. For banking, car insurance, home insurance, credit cards, pay TV, mobile, and energy, prices cover access of 9 waves of data (7 up to the end of 2015 and 2 waves from 2016). For broadband, supermarkets, hotels and airlines prices cover access of 4 waves of data (2 in 2015 and 2 in 2016). If you are interested in a bespoke report the price is available on request.
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Customer PowerTM Standard Terms and Conditions
These Customer PowerTM Standard Terms and Conditions ("Standard Terms") shall govern the access to and use by you ("Client") of the Customer PowerTM UK industry data analysis ("Online Platform and/or Data") created and produced by, and licensed from, HARRIS INTERACTIVE UK LIMITED ("Harris").
YOUR PURCHASE OF THE REPORTS CONSTITUTES YOUR AGREEMENT TO THE STANDARD TERMS. IF YOU DO NOT AGREE TO PURCHASE, ACCESS AND USE THE REPORTS IN COMPLIANCE WITH THE STANDARD TERMS, DO NOT PURCHASE THE ONLINE PLATFORM ACCESS.
Order; Pricing; Payment
Data may be accessed and purchased through Client’s access to the TolunaAnalyticsTM automated survey analysis service created and produced by, and licensed from, Toluna UK Limited or its affiliates ("Toluna Service" and such access, the "Toluna Service Access"), provided that access to, and purchase of, the Toluna Service is subject to the terms and conditions applicable to the Toluna Service and in no event shall Harris have any liability with regard to the Toluna Service.
The fees for the online platform, including the Base data and the Data Updates (as defined below) shall be the prices set forth from time to time by Harris on its website.
Data in the online platform shall be available in the following UK industry segments: Banking, Car Insurance, Credit Card, Energy, Home Insurance, Mobile Operator, and Pay TV (collectively, "Segment 1 Industries"), and Airlines, Broadband, Hotels, and Supermarkets (collectively, "Segment 2 Industries"). The data in the online platform is available for purchase on a per segment basis.
The online platform data will be populated by (i) nine waves of data with regard to the Segment 1 Industries and four waves of data with regard to the Segment 2 Industries during calendar year 2016 and (ii) eleven waves of data with regard to the Segment 1 Industries and six waves of data with regard to the Segment 2 Industries during each calendar year thereafter. Harris will create and produce updates to the Baseline Data ("Data Updates"), which shall be delivered twice annually in two data waves delivered approximately in April and October of each calendar year ("Data Updates"), provided that each Data Update wave delivered in a calendar year shall constitute one of the nine waves and four waves with regard to the Segment 1 Industries and Segment 2 Industries, respectively, included in the online platform for such calendar year. The purchase of the access to data in the online platform entitles Client access and use only of the Baseline Data delivered in the calendar year in which the Base online platform is purchased.
The Base online platform data purchased through Toluna Service Access include all waves of Baseline Data for the calendar year in which the Base online platform data is purchased.
Data Updates are not included in the purchase of the Base online platform and may be purchased for the applicable additional fees. Data Updates may be purchased separately to supplement Base online platform data only If Client purchases and accesses the Base online platform through Toluna Service Access. Data Updates shall be deemed part of and incorporated into the online platform for purposes of the Standard Terms, including, without limitation, the Report License (as defined below).
Invoices are due and payable within thirty (30) days of delivery from Harris to Client.
Access to data on the online platform through Toluna Service Access shall be delivered through an email link for the Base online platform and, if applicable and when available, any Data Updates. Delivery of email links for shall begin with two (2) business days of receipt of the applicable payment.
Grant of License; Limitations
All purchases of the online platform data are purchases of a license, as set forth below, to access and use the data and not a purchase of any ownership interest in and to the online platform or any part thereof. Harris shall at all times retain sole and exclusive ownership rights in the online platform, including, without limitation, all copyright therein and all trade mark rights in the "Consumer Power" trade mark.
Upon receipt of full payment due for the purchase of the online platform data, Harris grants to Client a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicenseable license to access and use the online platform data strictly in accordance with the Standard Terms (the "Report License"). Subject to Client’s access and use of the online platform data strictly in accordance with the Standard Terms, the Report License shall be irrevocable and perpetual.
Subject to subclause 2(d), Client may use the online platform and/or data only for its internal business purposes and may distribute, disclose and provide access to the online platform and/or data only to Client’s employees. Subject to the access permitted above, Client shall use commercially reasonable efforts to maintain the confidentiality of and limit access to the online platform and/or data.
Any disclosure of the online platform or any data contained there in other than in compliance with subclause 2(c) shall require the prior written consent of Harris, which consent may be granted or withheld in Harris’s sole discretion. Without limiting the foregoing, if Client proposes to disclose, or to have a contractor publicly disclose, the online platform or any data contained therein in connection with any advertising or promotional claims, Harris shall have the right to review, without incurring any liability in connection with such review, such advertising or promotional claims to ensure that such claims are adequately supported by the online platform and/or data and Client may publicly disclose the online platforms and such data in such claims only in compliance with the recommendations of such review, including revisions, provided by Harris.
Notwithstanding anything contained in the Standard Terms to the contrary, (i) Client may not use the data and/or online platform in any manner to compete with Harris, including, without limitation, to create an product or service that is similar or substantially similar to the online platform and/or data in content or "look and feel" or to compare the online platform and/or data, publicly or privately, to products or services that are used for similar purposes and (ii) Harris retains the right to deny or cancel any purchase of the online platform and/or data and the Report License in the event that Harris determines, in its sole discretion, that Client is a competitor of Harris.
Harris shall create, produce and deliver the online platform data in compliance with applicable law, without infringing the intellectual property rights of any third parties, substantially and materially in accordance with the written description of the online platform data provided by Harris to Client, and otherwise in accordance with generally accepted professional industry standards and practices for survey research applicable to the online platform and/or data, including the Professional Standards of the Market Research Society.
OTHER THAN AS EXPRESSLY SET FORTH IN CLAUSE 3(A), HARRIS MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY, EXPRESS OR IMPLIED, AS TO THE ONLINE PLATFORM AND/OR DATA, OR THEIR SUITABILITY FOR CLIENT’S PURPOSES, OR ANY IMPLIED WARRANTIES ARISING OUT OF STATUTE, A COURSE OF PERFORMANCE, DEALING OR TRADE. ALL FIGURES CONTAINED IN THE ONLINE PLATFORM DATA THAT ARE ESTIMATES DERIVED FROM SAMPLE SURVEYS SHOULD BE VIEWED AS SUBJECT TO THE NORMAL LIMITS OF SURVEY ERROR.
Client shall indemnify and hold harmless Harris, its affiliates, and their respective officers, employees, agents and contractors against any and all damages, liabilities, penalties, costs and expenses, including reasonable fees and expenses of legal counsel, resulting from a third-party claim that is proximately caused by a breach of Client’s obligations under the Standard Terms.
Limitations on Liability
WITH THE EXCEPTION OF CLIENT’S LIABILITY PURSUANT TO CLAUSE 4, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) IN CONNECTION WITH THE ONLINE PLATFORM AND/OR DATA, OR THEIR DELIVERY OR USE, REGARDLESS OF WHETHER SUCH PARTY IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, PROVIDED THAT THE FOREGOING SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(b) WITH THE EXCEPTION OF CLIENT’S LIABILITY PURSUANT TO CLAUSE 4, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN AN AMOUNT GREATER THAN THE AMOUNT OF FEES PAYABLE BY CLIENT TO HARRIS IN CONNECTION WITH THE ONLINE PLATFORM AND/OR DATA GIVING RISE TO SUCH LIABILITY.
Governing Law; Jurisdiction
The Standard Terms and all matters connected with it shall be governed by the laws of England and Client irrevocably submits to the non-exclusive jurisdiction of the English Courts in any disputes which may arise.
Amendment of Standard Terms
The Standard Terms may be subject to amendment or modification upon Harris providing written notice to Client.
Access is free up until end of December 2015 but subsequent access in 2016 data will be at a fee.