GutFeel Consumer Research for 100 respondents - Terms and conditions

Confidentiality

During the term of the Agreement and for two (2) years afterward, CLIENT and GutFeel will use reasonable care to prevent the unauthorized use or dissemination of each other's Confidential Information. Reasonable care means constant and active protective measures of at least the same degree of care each party uses to protect its own confidential information from unauthorized disclosure. Employees of CLIENT that learn of GUTFEEL proprietary methodologies, procedures, and any other of GUTFEEL Confidential Information shall not use it for other than CLIENT's benefit at any time.

For purposes of this Agreement, "Confidential Information" shall mean any information or material that is proprietary to CLIENT or GUTFEEL or designated as Confidential Information by CLIENT or GUTFEEL and not generally known by other than CLIENT and GUTFEEL personnel. This includes but not limited to all confidential and proprietary information relating to the business of CLIENT or GUTFEEL , and includes (but is not limited to) information encompassed in all descriptions, business plans, software, internet designs, products, test data, other data, reports, recommendations, other plans, or proposals. The term "Confidential Information" includes information in either oral and written form, or that is contained in any other type of storage medium. Information relating to CLIENT or GUTFEEL staff and consultants, employees, customers, vendors, research and development, software, or marketing plans is also considered Confidential Information.

Confidential Information does not include information that: (i) GUTFEEL knew before CLIENT disclosed it; (ii) is or becomes public knowledge through no fault of GUTFEEL ; (iii) GUTFEEL obtains from sources other than CLIENT who owe no duty of confidentiality to CLIENT; or (iv) GUTFEEL independently develops without using the other party's proprietary information.

Dispute resolution

If any dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed upon mediator in the following location: Cape Town, South Africa. Any costs and fees other than attorneys' fees associated with the mediation shall be shared equally by the parties.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration in the following location: Cape Town, South Africa. The parties agree that the binding arbitration will be conducted under the rules of South African Arbitration and which will have jurisdiction over property in this Agreement. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.

Attorneys' fees

If any litigation, collections, or arbitration is necessary to enforce this Agreement or the terms thereof, the prevailing party shall be entitled to reimbursement by the other party for reasonable attorneys' fees, costs and expenses.

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