Terms & Conditions – US

1
Recruitment. Lightspeed Health will email invitations to participate in the study to eligible members within Lightspeed Health and Lightspeed Health’ affiliate partners’ networks. Eligible members are those individuals who have registered with Lightspeed Health or Lightspeed Health affiliate partners, have opted in to receive invitations to participate in Lightspeed Health Online and/or affiliate partner programs and satisfy the criteria set forth in the Survey Specifications. Targeting of eligible members, including Custom Lists, will be performed consistent with Lightspeed Health’s and its affiliate partners’ standard policies and practices based on information available to Lightspeed Health at the time of targeting, and Lightspeed Health’s interpretation of the targeting criteria set forth on the Quote. The number of invitations sent will be determined based on the number of participants required to complete the Study, historic response rates for similar studies and Client’s estimated incidence. Lightspeed Health will use reasonable efforts to recruit the required number of participants as specified in the Quote, but Lightspeed Health will not be responsible for any shortfall in the number of completed survey responses whether because the actual incidence is less than the estimated incidence, a material number of recruited participants fail to complete the Study, Client changes the Study Specifications or screening criteria or for any other reason. If the qualification screener contains more than 12 questions, there will be additional fees charged for both recruitment and honoraria. Client will pay the fees for those participants that complete the Study as reflected in Client’s records, unless Lightspeed Health’ records indicate that a material number of participants (greater than 4) completed the Study beyond the number indicated by Client’s records, in which case the parties will cooperate to identify and reconcile the discrepancy, but if unable to reconcile, Lightspeed Health records will govern. If Lightspeed Health is programming and hosting the Study, Client will also pay the additional fees described in “”Additional Service Surcharge”” below.

2
The Study. Unless otherwise specified on the face of this Quote, Client is responsible for establishing and programming a website where recruited individuals will participate in the Study and include the Lightspeed Health technical requirements. The URL for the website will be provided to Lightspeed Health together with the definitions and format of data to be passed to the website when the participants enter it. Prior to the start of the field period and prior to implementing any changes in an ongoing Study, Client will permit Lightspeed Health to review the Study website to confirm that participants will be transferred effectively to and from the Study website, that the Study website contains no noticeable, material programming errors, that the Study conforms to specifications, including interview length, and other requirements set forth herein. If the Study website fails any of the foregoing evaluations, Lightspeed Health will notify Client so that Client may revise the Study, and if Client fails to do so, Lightspeed Health may refuse to complete the Study without liability to Client. For any International Study, Client may request Lightspeed Health program and host and provide translation services for the Study for additional fees (see “”Premium Service Surcharge”” below). If Client has requested that Lightspeed Health program and host the International Study: (i) Lightspeed Health will program the survey questions into a website hosted by or on behalf of Lightspeed Health, (ii) Client is responsible for developing the survey questions for the Study, (iii) Lightspeed Health will review the Study to confirm that the Study conforms to specifications and other requirements set forth herein, (iv) Client will be asked to review the Study before the beginning of the field period to ensure that it was accurately programmed, (v) Client may not make any changes to the Study after the survey is delivered to Lightspeed Health without the prior consent of Lightspeed Health, and (vi) Lightspeed Health reserves the right to charge additional fees for any such changes. With respect to any Study provided hereunder, Client shall not collect participant contact information or otherwise attempt to recruit participants to be invited by Client for future studies, and the Study may not include any statements or other materials that Lightspeed Health believes in good faith could damage Lightspeed Health’ reputation or goodwill. In the performance of the Study, Client will adhere to all applicable CASRO/ESOMAR/EphMRA/MRA guidelines, will not use or disclose any information received from Lightspeed Health concerning the participants except as reasonably necessary for the Study, and will not disclose any information to any third party that reveals or permits the discovery of the identity of any participant.

3
Closing the Study. If Client is programming and hosting the Study, Client is responsible for stopping enrollment in the Study upon achieving the desired number of participants. If this Quote provides that Lightspeed Health will program and host the Study, Lightspeed Health will be responsible for closing the Study in accordance with the following: Upon obtaining the required number of Study participants, or earlier, with Client’s consent, if Lightspeed Health reasonably determines that the required number of Study participants is unlikely to be obtained within a reasonable period, Lightspeed Health will close the Study. Following the closing of the Study and receipt of all necessary documentation from Client, the Study data will be made available to the Client. Client must access the Study data within 90 days following the date they are made available and Lightspeed Health will have no further obligation to provide the data after the expiration of such 90 day period.”

4
Honoraria Processing. Lightspeed Health will be responsible for honorarium processing. A per complete handling fee will be paid to Lightspeed Health for processing the honoraria as set forth on the face of the Quote.

5
Payment. Upon initiation of the project, Lightspeed Health will issue the client an interim invoice for the total expected honoraria amount or 60% of the total project price. Upon completion of the Study, Lightspeed Health will issue the Client a final invoice that details the total project fees set forth on the quote less the interim invoice. In the event actual incidence varies substantially from estimated incidence, Lightspeed Health reserves the right to increase CPC fees. Invoices are due within 45 days of receipt, and any amount not paid within forty-five (45) days of the date of the invoice may be subject to late fees of eighteen percent (18%) per annum or the maximum rate permitted by law, whichever is lower.

6
Translation and Custom Invitations. Unless otherwise provided for on the face of this Quote, Client is responsible for translating all materials relating to the Study (including the Study title, invitations and all Study Questions) into the language(s) necessary for Lightspeed Health to perform the recruitment of participants and to conduct the Study. In addition, if Client desires to send custom invitations, Client is also responsible for providing any required translation for such custom invitations. Upon delivery of any translated materials by Client to Lightspeed Health hereunder, Client agrees to include English language versions of such materials for Lightspeed Health’ approval, testing and screening. Client shall ensure, and hereby represents, that all translated materials provided by Client in connection with the Study will be accurate and complete.

7
Additional Service Surcharge (if applicable). In the event that Client has requested Lightspeed Health to provide project management, programming and hosting, or translation services (including translation of Study questions, language overlay and translation of open-end responses) for the Study Lightspeed Health will charge Client applicable corresponding fees as set forth on the face of this Quote for any selected additional Services . All additional Service Fees will be invoiced upon completion of the Study.

8
Limitation on Liability; Warranty; Indemnification. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST REVENUES, LOST PROFITS, OR LOST BUSINESS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND IN NO EVENT SHALL LIGHTSPEED HEALTH BE LIABLE TO CLIENT UNDER THIS AGREEMENT FOR MORE THAN THE FEES (EXCLUDING HONORARIA) DUE HEREUNDER. LIGHTSPEED HEALTH WARRANTS THAT IT WILL PERFORM ITS OBLIGATIONS HEREUNDER IN A PROFESSIONAL AND WORKMANLIKE MANNER, BUT LIGHTSPEED HEALTH MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING.
Client acknowledges that the demographic information concerning Study participants reflects information provided to Lightspeed Health by the Study participants, and unless otherwise specified in the Quote, Lightspeed Health has not verified and does not warrant the accuracy of such information. Client hereby agrees to indemnify, defend and hold harmless Lightspeed Health and its officers, directors, employees and agents from and against all third party claims, suits, actions, proceedings, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees) (“”Claims””) that may at any time be incurred by any of them by reason of any Claims arising from (i) the statements or material contained in the Study or Study website, including Claims of defamation, violation of any right of privacy or publicity, copyright ortrademark infringement or other infringement of the rights of third parties, fraud, false advertising, misrepresentation, product liability, violation of law or relating to any contaminated file, virus, worm or Trojan horse originating there from; or (ii) any breach by Client of any of its obligations hereunder. Lightspeed Health will promptly notify Client of any Claim for which indemnification hereunder is claimed and will cooperate with Client in the defense of such Claim at Client’s expense. Lightspeed Health shall have the right to participate in the defense of any Claim and be represented by counsel at its expense. This section shall survive completion, termination or cancellation hereof.”

9
Term. This Agreement shall become effective upon execution by Client and acceptance by Lightspeed Health and, unless otherwise specified on the Quote, shall continue in effect until the earlier of the completion of the Services or 12 months. Either party may terminate this agreement at any time by written notice to the other party in the event of a material breach of the terms hereof which remains uncured for thirty (30) days after written notice thereof. Upon termination or expiration, unless terminated due to a breach by Lightspeed Health, all Services shall be considered completed and Lightspeed Health’ obligations hereunder fulfilled.

10
Miscellaneous.
If the Quote is not executed by Client and received by Lightspeed Health within thirty (30) days of the date set forth on the Quote or is received after a work has begun on a previously signed and delivered version of the Quote, Lightspeed Health shall have no obligation to honor the Quote and does so, if at all, in its sole discretion. These terms and conditions, together with the Quote set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all previously signed and delivered versions of this Quote, proposals, oral or written, and all other communications between the parties with respect to such subject matter. These terms and conditions may not be waived, modified, or amended except in writing signed by both parties. The failure of either party to insist upon strict performance of any of the terms and conditions hereof shall not constitute a waiver or relinquishment of the right to assert or rely upon such terms or conditions on any future occasion. Client may not assign or otherwise transfer, sell, barter or trade any of its rights or its duties hereunder without the prior written consent of the Lightspeed Health and any attempt to do so without such consent shall be void.
Neither party shall be considered the legal representative or agent of the other, nor shall either party have the right or authority to assume, create, or incur any third-party liability or obligation of any kind, either express or implied, against or in the name of or on behalf of the other party. Neither party shall be liable for any delay or failure in performance if such delay or failure is caused in whole or in part by fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, act of god, acts or omissions of carriers, transmitters, telephone companies, Internet service providers, hackers, or any other similar causes beyond the party’s reasonable control. If such an event occurs, the parties shall negotiate in good faith so that the rights and obligations of both parties may be fulfilled.

If any provision of this agreement is deemed to be unenforceable as written by a court of competent jurisdiction, the parties intend that such provision shall be modified to the extent necessary to make the provision enforceable. If the provision cannot be modified in this manner to make it enforceable, the parties intend that the provision shall be removed and the remaining provisions shall remain in full force and effect. This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws provisions thereof.

11
Taxes and Duties.
The fees stated on the Quote do not include taxes and other similar charges. Client is responsible for, and shall pay Lightspeed Health for, all taxes, including sales, use, value-added (VAT), general services (GST), gross receipts, excise, personal property, or other federal, state or local taxes, import duties, or any similar assessments based on the services provided under this Agreement, and any penalties, interest and collection or withholding costs associated with any of the foregoing items, excluding taxes on Lightspeed Health’ net income and net worth. In lieu of paying such taxes Client may provide Lightspeed Health with a tax exemption certificate acceptable to the taxing authorities. Client shall reimburse Lightspeed Health for any fines, penalties, taxes and other charges including expenses incurred by Lightspeed Health, due to Client’s submission of invalid information.

12
Lightspeed Health represents and warrants that it shall perform the Services in compliance with ISO 20252:2012 and ISO 26362:2009 , the Code of Standards and Ethics for Survey Research of the Council of American Survey Research Organizations (CASRO); the Code of Conduct of the Association des Societés d’étude de l’Opinion et du Comportement dans le domaine de la Santé (ASOCS); the Legal and Ethical Guidelines and the Adverse Event Reporting in Market Research Guidelines of the British Healthcare Business Intelligence Association (BHBIA); the European Pharmaceutical Market Research Association (EphMRA) Code of Conduct and Guidelines on Adverse Events; and the International Code on Market and Social Research of the European Society for Opinion and Marketing Research (ESOMAR), as applicable, and that the Services will be performed in a timely, competent and professional manner and in accordance with the specifications, the requirements hereof, and the applicable Quote.

13
Subcontracting. To assist Lightspeed Health in providing the Service and/or Deliverables, Lightspeed Health shall have the right to subcontract any part of the Service and/or the Deliverables to other WPP Group Companies or, after consultation, to appropriate third parties, agencies or fieldworkers (“Subcontractor”). The use of any such Subcontractor does not require the consent of the Company. Lightspeed Health is only responsible for the quality of the service provided by a Subcontractor if the Subcontractor has been selected and paid for directly by Lightspeed Health. If the Company designates a specific Subcontractor, Lightspeed Health shall not be responsible for the accuracy, completeness or quality of the work of that Subcontractor, nor shall it be responsible for any claims damages, losses and expenses including, but not limited to, attorneys’ fees arising out of or resulting from Subcontractor providing the Service and/or the Deliverables. ”

US Lightspeed Health Limited Terms of Business
Qual

1
Recruitment.
Lightspeed Health represents and warrants that it shall perform the Services in compliance with ISO 20252:2012 and ISO 26362:2009 , the Code of Standards and Ethics for Survey Research of the Council of American Survey Research Organizations (CASRO); the Code of Conduct of the Association des Societés d’étude de l’Opinion et du Comportement dans le domaine de la Santé (ASOCS); the Legal and Ethical Guidelines and the Adverse Event Reporting in Market Research Guidelines of the British Healthcare Business Intelligence Association (BHBIA); the European Pharmaceutical Market Research Association (EphMRA) Code of Conduct and Guidelines on Adverse Events; and the International Code on Market and Social Research of the European Society for Opinion and Marketing Research (ESOMAR), as applicable, and that the Services will be performed in a timely, competent and professional manner and in accordance with the specifications, the requirements hereof, and the applicable Quote.

2
Lightspeed Health will be entitled to destroy screeners, guides and similar records one year after the completion of fieldwork and computer tape two years after the completion of fieldwork without reference to the Client. This will be done unless Lightspeed Health is requested not to do so by the Client within such periods. A fee of a minimum of $50.00 will be charged for the retrieval of documents for projects completed more than one year prior to such request. In the performance of the Study, Client will adhere to all applicable CASRO/ESOMAR/EphMRA/MRA guidelines, will not use or disclose any information received from Lightspeed Health concerning the participants except as reasonably necessary for the Study, and will not disclose any information to any third party that reveals or permits the discovery of the identity of any participant.

3
Quotations and estimates are valid for two months from date of issue. Lightspeed Health reserves the right to revise quotations after this date.

4
The project is commissioned, and work commences, after verbal or written acceptance of the quotation or estimate. Commissioning is deemed to imply the client’s acceptance of these terms of business.

5
Lightspeed Health cannot guarantee immediate start on projects without advance booking notice. Where possible two weeks commissioning notice should be provided.

6
Lightspeed Health reserves the right to revise quotations or estimates or make additional charges in the event of:

  • a Changes to timing
  • b Client delays in providing materials or necessary information
  • c Changes to interview length
  • d Changes to methodology
  • e Restrictive recruitment criteria or detailed quotas not stated when the estimate was provided
  • f Changes to materials after approval for proceeding has been given
  • g Any other changes made during the course of project

7
The Client shall provide all necessary information products and other material to enable the research to be carried out immediately upon acceptance of the quotation and shall answer all queries or requests for instructions or information which may arise during the course of the Contract promptly so as to prevent any delay or cancellation of fieldwork. In the event that such cancellation or delay shall occur, Lightspeed Health reserves the right to charge such additional sums. Once a project is commissioned, if postponed or cancelled Lightspeed Health will charge for all costs incurred, any additional costs due to cancellation or postponement and a management postponement or cancellation charge. Such charges will be set out in an invoice sent to the Client payable in full within 7 days of receipt. Cancellation or rescheduling is only valid if made between the hours of 9.30 and 5.30 ET, Monday to Friday.

Cancellation Fees

– Less than 48 hours – 100% of recruitment and 100% of incentives
– 3 working days – 100% of recruitment and 50% of incentives
– 4-5 working days – 100% of recruitment only.

Rescheduling Fees:

– US$45 per respondent rescheduled – If respondent cannot reschedule, full recruitment fees apply
– If a respondent is unable to reschedule and therefore is cancelled within 48 hours of their interview they will be compensated full incentive

8
Quotations and estimates are made in US Dollars (USD), unless otherwise stated.

9
Invoices are payable in USD, unless agreed otherwise in writing.
10
Upon initiation of the project, Lightspeed Health will issue the client an interim invoice for the total expected honoraria amount or 60% of the total project price. Upon completion of the Study, Lightspeed Health will issue the Client a final invoice that details the total project fees set forth on the quote less the interim invoice. In the event actual incidence varies substantially from estimated incidence, Lightspeed Health reserves the right to increase CPC fees. Invoices are due within 45 days of receipt, and any amount not paid within forty-five (45) days of the date of the invoice may be subject to late fees of eighteen percent (18%) per annum or the maximum rate permitted by law, whichever is lower.”

11
Honoraria Processing. Lightspeed Health will be responsible for honorarium processing. A per complete handling fee will be paid to Lightspeed Health for processing the honoraria as set forth on the face of the Quote.

12
Translation costs. Final costs will be based on final word count and estimated at $290 per 1000 words per country. For delivery of a completed translation in a time shorter than the standard 5 days we require, costs will be estimated at $350 per 1000 words. Costs of open-ended responses are included in the interviewing costs.

13 Incentive costs. These are inclusive of administration costs and bank charges. Please note that if over recruitment is necessary or requested the client will be responsible for paying any additional incentives should all recruited respondents attend.

14 Incidence rate. If the incidence rate varies more than a 10-15%, costs and feasibility will need to be revised. If the incidence rate varies more than a 10-15%, costs and feasibility will need to be revised.

15 Catering. Catering is estimated per day, then charged at cost for food/drink consumed by clients & respondents. Please advise project manager if you would like specific catering for your day in field.

16 Deliverables. All costs are assuming client will provide a template. All costs are estimated and will depend on final specs.

17 Screen-outs/Short questionnaires (if applicable). Subject to sight of questionnaire and final requirements and will be ball-parked between $10 and $15 per screen out, depending on length.

18 Dispatch. Estimated @ $50.00 per standard couriered batch, depending on the destination.

19
LIMITATION ON LIABILITY; WARRANTY; INDEMNIFICATION. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST REVENUES, LOST PROFITS, OR LOST BUSINESS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND IN NO EVENT SHALL LIGHTSPEED HEALTH BE LIABLE TO CLIENT UNDER THIS AGREEMENT FOR MORE THAN THE FEES (EXCLUDING HONORARIA) DUE HEREUNDER. LIGHTSPEED HEALTH WARRANTS THAT IT WILL PERFORM ITS OBLIGATIONS HEREUNDER IN A PROFESSIONAL AND WORKMANLIKE MANNER, BUT LIGHTSPEED HEALTH MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING.
Client acknowledges that the demographic information concerning Study participants reflects information provided to Lightspeed Health by the Study participants, and unless otherwise specified in the Quote, Lightspeed Health has not verified and does not warrant the accuracy of such information. Client hereby agrees to indemnify, defend and hold harmless Lightspeed Health and its officers, directors, employees and agents from and against all third party claims, suits, actions, proceedings, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees) (“”Claims””) that may at any time be incurred by any of them by reason of any Claims arising from (i) the statements or material contained in the Study or Study website, including Claims of defamation, violation of any right of privacy or publicity, copyright ortrademark infringement or other infringement of the rights of third parties, fraud, false advertising, misrepresentation, product liability, violation of law or relating to any contaminated file, virus, worm or Trojan horse originating there from; or (ii) any breach by Client of any of its obligations hereunder. Lightspeed Health will promptly notify Client of any Claim for which indemnification hereunder is claimed and will cooperate with Client in the defense of such Claim at Client’s expense. Lightspeed Health shall have the right to participate in the defense of any Claim and be represented by counsel at its expense. This section shall survive completion, termination or cancellation hereof.

20 The copyright in all works originated by Lightspeed Health including all data and preliminary work and created in any medium whether written, electronic or otherwise, shall remain vested in Lightspeed Health. All work undertaken by Lightspeed Health for the Client shall be carried out exclusively for the Client and shall be used by the Client solely in connection with its business and shall not be disclosed by the Client to any third party without the prior written consent of the Company. Nor shall the Lightspeed Health’s name be used by the Client or any third party in connection with any services provided by Lightspeed Health without its prior written approval.”

21
Term. This Agreement shall become effective upon execution by Client and acceptance by Lightspeed Health and, unless otherwise specified on the Quote, shall continue in effect until the earlier of the completion of the Services or 12 months. Either party may terminate this agreement at any time by written notice to the other party in the event of a material breach of the terms hereof which remains uncured for thirty (30) days after written notice thereof. Upon termination or expiration, unless terminated due to a breach by Lightspeed Health, all Services shall be considered completed and Lightspeed Health’ obligations hereunder fulfilled.

22
Miscellaneous. If the Quote is not executed by Client and received by Lightspeed Health within thirty (30) days of the date set forth on the Quote or is received after a work has begun on a previously signed and delivered version of the Quote, Lightspeed Health shall have no obligation to honor the Quote and does so, if at all, in its sole discretion. These terms and conditions, together with the Quote set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all previously signed and delivered versions of this Quote, proposals, oral or written, and all other communications between the parties with respect to such subject matter. These terms and conditions may not be waived, modified, or amended except in writing signed by both parties. The failure of either party to insist upon strict performance of any of the terms and conditions hereof shall not constitute a waiver or relinquishment of the right to assert or rely upon such terms or conditions on any future occasion. Client may not assign or otherwise transfer, sell, barter or trade any of its rights or its duties hereunder without the prior written consent of the Lightspeed Health and any attempt to do so without such consent shall be void.
Neither party shall be considered the legal representative or agent of the other, nor shall either party have the right or authority to assume, create, or incur any third-party liability or obligation of any kind, either express or implied, against or in the name of or on behalf of the other party. Neither party shall be liable for any delay or failure in performance if such delay or failure is caused in whole or in part by fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, act of god, acts or omissions of carriers, transmitters, telephone companies, Internet service providers, hackers, or any other similar causes beyond the party’s reasonable control. If such an event occurs, the parties shall negotiate in good faith so that the rights and obligations of both parties may be fulfilled.

If any provision of this agreement is deemed to be unenforceable as written by a court of competent jurisdiction, the parties intend that such provision shall be modified to the extent necessary to make the provision enforceable. If the provision cannot be modified in this manner to make it enforceable, the parties intend that the provision shall be removed and the remaining provisions shall remain in full force and effect. This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws provisions thereof.

23
Taxes and Duties. The fees stated on the Quote do not include taxes and other similar charges. Client is responsible for, and shall pay Lightspeed Health for, all taxes, including sales, use, value-added (VAT), general services (GST), gross receipts, excise, personal property, or other federal, state or local taxes, import duties, or any similar assessments based on the services provided under this Agreement, and any penalties, interest and collection or withholding costs associated with any of the foregoing items, excluding taxes on Lightspeed Health’ net income and net worth. In lieu of paying such taxes Client may provide Lightspeed Health with a tax exemption certificate acceptable to the taxing authorities. Client shall reimburse Lightspeed Health for any fines, penalties, taxes and other charges including expenses incurred by Lightspeed Health, due to Client’s submission of invalid information.

24
Lightspeed Health represents and warrants that it shall perform the Services in compliance with ISO 20252:2012 and ISO 26362:2009 , the Code of Standards and Ethics for Survey Research of the Council of American Survey Research Organizations (CASRO); the Code of Conduct of the Association des Societés d’étude de l’Opinion et du Comportement dans le domaine de la Santé (ASOCS); the Legal and Ethical Guidelines and the Adverse Event Reporting in Market Research Guidelines of the British Healthcare Business Intelligence Association (BHBIA); the European Pharmaceutical Market Research Association (EphMRA) Code of Conduct and Guidelines on Adverse Events; and the International Code on Market and Social Research of the European Society for Opinion and Marketing Research (ESOMAR), as applicable, and that the Services will be performed in a timely, competent and professional manner and in accordance with the specifications, the requirements hereof, and the applicable Quote.

25
Subcontracting. To assist Lightspeed Health in providing the Service and/or Deliverables, Lightspeed Health shall have the right to subcontract any part of the Service and/or the Deliverables to other WPP Group Companies or, after consultation, to appropriate third parties, agencies or fieldworkers (“Subcontractor”). The use of any such Subcontractor does not require the consent of the Company. Lightspeed Health is only responsible for the quality of the service provided by a Subcontractor if the Subcontractor has been selected and paid for directly by Lightspeed Health. If the Company designates a specific Subcontractor, Lightspeed Health shall not be responsible for the accuracy, completeness or quality of the work of that Subcontractor, nor shall it be responsible for any claims damages, losses and expenses including, but not limited to, attorneys’ fees arising out of or resulting from Subcontractor providing the Service and/or the Deliverables.

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