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Market Research Agreement

Market Research Agreement Template for South Africa

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Key Requirements PROMPT example:

Market Research Agreement

"I need a Market Research Agreement for my financial services company to commission a consumer behavior study in South Africa, with strict data protection measures and participant confidentiality requirements, to be completed by March 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved Subcontractor
Business Day
Client
Client Data
Commencement Date
Confidential Information
Data Protection Laws
Data Subject
Deliverables
Effective Date
Ethics Guidelines
Fee Schedule
Field Work
Focus Group
GDPR
Intellectual Property Rights
Market Research Services
Methodology
Operator
Participant
Personal Information
POPIA
Processing
Project
Project Brief
Project Timeline
Qualitative Research
Quantitative Research
Raw Data
Research Brief
Research Materials
Research Objectives
Research Panel
Research Participant
Research Period
Research Report
Research Results
Research Specification
Responsible Party
Sample Size
Services
Special Personal Information
Specifications
Survey Instrument
Term
Territory
Working Hours
Clauses
Interpretation
Appointment
Duration
Research Services
Project Specifications
Data Protection
POPIA Compliance
Confidentiality
Intellectual Property
Payment Terms
Service Levels
Quality Standards
Research Ethics
Participant Rights
Research Methodology
Deliverables
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Assignment
Subcontracting
Dispute Resolution
Governing Law
Data Security
Reporting Requirements
Personnel
Non-Solicitation
Notices
Entire Agreement
Severability
Variation
Waiver
Costs
Research Timeline
Compliance with Laws
Insurance
Audit Rights
Conflict of Interest
Relevant Industries

Retail

Financial Services

Healthcare

Technology

Telecommunications

Consumer Goods

Manufacturing

Automotive

Education

Entertainment

Food and Beverage

Professional Services

Real Estate

Tourism

Energy

Relevant Teams

Legal

Marketing

Market Research

Business Intelligence

Procurement

Compliance

Data Protection

Commercial

Strategy

Operations

Customer Insights

Relevant Roles

Market Research Manager

Research Director

Chief Marketing Officer

Marketing Manager

Business Development Manager

Legal Counsel

Data Protection Officer

Procurement Manager

Project Manager

Research Analyst

Consumer Insights Manager

Strategy Director

Commercial Director

Compliance Officer

Operations Manager

Industries
Protection of Personal Information Act 4 of 2013 (POPIA): Governs the collection, processing, storage and protection of personal information. Essential for market research activities involving personal data of participants.
Consumer Protection Act 68 of 2008: Protects consumers' rights and ensures fair market practices. Relevant for market research involving consumer interactions and consumer data collection.
Electronic Communications and Transactions Act 25 of 2002: Regulates electronic communications and transactions, including online surveys and digital data collection methods commonly used in market research.
Copyright Act 98 of 1978: Protects intellectual property rights, which is relevant for research methodologies, reports, and findings produced during market research.
Basic Conditions of Employment Act 75 of 1997: Relevant if the market research involves employing researchers, interviewers, or other staff members.
National Credit Act 34 of 2005: May be relevant if the market research involves financial services or credit-related research topics.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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