Staff Survey T’s & C’s

Qualitas Consortium terms & conditions

Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).

  1. About us
    • Company details. Qualitas Consortium UK Limited (company number 09730277) (we and us) is a company registered in England and Wales and our registered office is at 57 London Road, High Wycombe, Buckinghamshire, HP11 1BS. We operate the website
    • Contacting us. To contact us, telephone our customer service team at 01494 292229 or email us at [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 2.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. Our contract with you
    • What these terms cover. These are the terms and conditions (Terms) on which we supply our staff survey services to you (Staff Survey).
    • Our contract. These Terms apply to the booking by you to carry out the Survey (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
    • Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    • These Terms and the Contract are made only in the English language.
    • Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
  3. Placing a booking and its acceptance
    • Placing your booking. Please follow the onscreen prompts to place your booking. You may only submit a booking using the method set out on the site. Each booking is an offer by you to buy the Staff Survey specified in the booking subject to these Terms.
    • User access to Staff Survey. Placing a booking permits a user access to the Survey for those members of staff that are employed by your practice and the copying and/or distribution of the Staff Survey is not permitted without our written instruction or authorisation.
    • Correcting input errors. Our booking process allows you to check and amend any errors before submitting your booking to us. Please check the booking carefully before confirming it. You are responsible for ensuring that the terms of the Staff Survey that you have selected are as you expect and are complete and accurate.
    • Acknowledging receipt of your booking. After you place your booking, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your booking has been accepted. Our acceptance of your booking will take place as described in clause 5.
    • Accepting your booking. Our acceptance of your booking takes place when we send an email to you to accept it (Booking Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Staff Survey confirmed in the Booking Confirmation.
    • If we cannot accept your booking. If we are unable to supply the Staff Survey for any reason, we will inform you of this by email and we will not process your booking.
  4. Our Staff Survey
    • Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Staff Survey. They will not form part of the Contract or have any contractual force.
    • Compliance with Staff Survey specification on our website. Subject to our right to amend the specification (see clause 3) the Staff Survey will be supplied to you in accordance with the specification for the Staff Survey appearing on our website at the date of your booking in all material respects.
    • Changes to Staff Survey specification. We reserve the right to amend the specification of the Staff Survey if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Staff Survey.
    • Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Booking Confirmation, but any such dates are estimates only and failure to provide the Staff Survey by such dates will not give you the right to terminate the Contract.
  5. Your obligations
    • It is your responsibility to ensure that:
      • the terms of your booking are complete and accurate;
      • you cooperate with us in all matters relating to the Staff Survey;
      • you provide us with such information and materials we may reasonably require in booking to enable you to carry out the Staff Survey, and ensure that such information is complete and accurate in all material respects;
      • you comply with all applicable laws, including health and safety laws;
      • you keep all of our materials, equipment, documents and other property (Our Materials) in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation;
      • you do not reproduce, copy, distribute, modify, decompile, disassemble, decode or redesign any part of the Staff Survey; and
      • you ensure that your computer software and systems are sufficiently up to date and compatible with the application utilised by us to deliver our Staff Survey.
    • If our ability to provide the Staff Survey to you is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (Your Default):
      • we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to provide the Staff Survey; and
      • it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  1. Staff Survey in UK only
    • Unfortunately, we are unable to provide the Staff Survey for primary care individuals who practice outside of the UK.
  2. Charges
    • In consideration of us providing the Staff Survey you must pay our charges (Charges) in accordance with this clause 7.
    • The Charges are the prices quoted on our site at the time you submit your booking.
    • We take all reasonable care to ensure that the prices stated for the Staff Survey are correct at the time when the relevant information was entered into the system. However, please see clause 7 for what happens if we discover an error in the price of the Staff Survey you booked.
    • Our Charges may change from time to time, but changes will not affect any booking you have already placed.
    • Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Staff Survey you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
  3. Complaints

If a problem arises or you are dissatisfied with the Staff Survey, please contact us at [email protected]

  1. Intellectual property rights
    • All copyright and other intellectual property rights in or arising out of or in connection with the Staff Survey, including but not limited to any presentation or webinar content forming part of the Staff Survey including Our Materials, will be owned by us (subject to clause 10.2) and no part may be copied or reproduced without our prior written consent.
    • We may incorporate third party materials such as models and questionnaires as part of the Staff Survey and Our Materials. Where used, the third party creator will be fully cited and referenced. You agree to indemnify us in respect of any claim against us for infringement of the intellectual property rights in any third party materials which arises from your use of said materials beyond the scope of these terms.
    • We agree to grant you a fully paid-up, UK based, non-exclusive, royalty-free licence during the term of the Contract to the deliverables specified in your booking for the purpose of the designated recipient or number of recipients as confirmed in your booking receiving the Staff Survey and in respect of Our Materials solely to retain said materials for personal reference of the subscriber. You may not sub-license, assign or otherwise transfer the rights granted in this clause 3.
    • For the avoidance of doubt the licence in respect of Our Materials does not permit circulation of Our Materials by the recipients of the Staff Survey to other individuals.
    • You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Staff Survey to you.
  2. How we may use your personal information
    • We will use any personal information you provide to us to:
      • provide the Staff Survey;
      • process your payment for the Staff Survey; and
      • inform you about other services and Staff Surveys that we provide, but you may stop receiving these at any time by contacting us.
    • We will process your personal information in accordance with our, the terms of which are incorporated into this Contract.
    • Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
      • death or personal injury caused by negligence;
      • fraud or fraudulent misrepresentation; and
      • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    • Subject to clause 1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • loss of profits;
      • loss of sales or business;
      • loss of agreements or contracts;
      • loss of anticipated savings;
      • loss of use or corruption of software, data or information;
      • loss of or damage to goodwill; and
      • any indirect or consequential loss.
    • Subject to clause 1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
    • Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
    • This clause 12 will survive termination of the Contract.
  4. Confidentiality
    • We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 2.
    • We each may disclose the other’s confidential information:
      • to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
      • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
  5. Termination, consequences of termination and survival
    • Termi Without limiting any of our other rights, we may suspend the performance of the Staff Survey, or terminate the Contract with immediate effect by giving written notice to you if:
      • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
      • you fail to pay any amount due under the Contract on the due date for payment;
      • you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by booking of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
      • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    • Consequences of termination
      • On termination of the Contract you must return all of Our Materials and any deliverables specified in your booking which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.
      • Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  6. Events outside our control
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    • If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Staff Survey with you after the Event Outside Our Control is over.
    • You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Staff Survey up to the date of the occurrence of the Event Outside Our Control.
  7. Communications between us
    • When we refer to “in writing” in these Terms, this includes email.
    • Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    • A notice or other communication is deemed to have been received:
      • if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      • if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      • if sent by email, at 9.00 am the next working day after transmission.
    • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    • The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  8. General
    • Assignment and transfer
      • We may assign or transfer our rights and obligations under the Contract to another entity.
      • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    • Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    • If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    • Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    • Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.