Terms and conditions for a market research agency

A research agency promises a method, not an answer, and handles large volumes of personal data. The terms have to define the methodology and deliverables, say what happens when the sample falls short, protect respondents' data and anonymity, and control how the client uses and publishes what it learns. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Market research, insight, survey and user research agencies in England and Wales conducting quantitative and qualitative research for business clients, from a single consultant to a fieldwork agency with panels. These are business-to-business terms.

What matters in market research terms

Methodology, deliverables and change

The terms should provide for a written proposal setting out the objectives, methodology, sample design, timetable and deliverables, say that changes to the design after fieldwork has begun are charged, and that the deliverables are the report, data or presentation described rather than any conclusion the client hoped for. Findings reflect the sample and the method, and the terms should say that the agency does not guarantee results, market outcomes or the success of decisions based on them.

Sample, response rates and fieldwork

Target samples are targets. The terms should say that achieved samples may vary, what the agency will do if a target is not reached (extend fieldwork at cost, weight the data, or report the achieved sample), and that incentives, recruitment costs and panel fees are third-party costs. Where the client supplies the respondents (its own customers), the client is responsible for having the right to contact them.

Respondents, consent and data protection

Respondents' personal data is at the heart of research. The terms should say who is the controller of which data, that respondents are told how their data is used and consent where consent is the basis, that responses are anonymised before reporting unless respondents agree otherwise, and that identifiable data is not passed to the client except as agreed. Under the UK GDPR and the Data Protection Act 2018 the agency is often a controller for fieldwork and a processor for the client's lists, and the terms should say which; the Data (Use and Access) Act 2025 has redefined research purposes under the UK GDPR, which affects the basis on which research data can be reused.

Confidentiality and use of findings

The findings are for the client, and the terms should transfer the report and data to the client on payment while keeping the agency's methods, tools and norms. Publication of findings should require the agency's approval of the wording and attribution, so that results are not misrepresented, and the terms should say whether the agency may use anonymised, aggregated data across projects. Under the Copyright, Designs and Patents Act 1988 the report is the agency's until assigned.

Fees, timetable, liability and industry standards

Fees are staged, with a proportion on commission, on completion of fieldwork and on delivery, and interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998. The timetable depends on the client's approvals and on respondents. Liability should be capped at a figure matching the agency's insurance, with consequential loss excluded, tested for reasonableness under the Unfair Contract Terms Act 1977. The terms should say that the agency works to its industry's code of conduct.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

We only reached two thirds of the target sample. Is the client entitled to a reduction?

If the terms say that samples are targets and set out what happens when one is not reached, the client gets what the terms provide: extended fieldwork at cost, weighting or a report on the achieved sample. A fixed fee for a target sample with no such term invites a dispute.

The client published a press release quoting our research selectively. Can we object?

If the terms require the agency's approval of any publication of findings and attribution, you can require corrections or withdrawal of the attribution. Without that term, the client owns the report and may use it.

Can the client have the raw respondent data?

Only anonymised data unless respondents agreed to identification and the terms provide for it. The agency's obligations to respondents come first, and the terms should say so.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a data analytics consultancy
• Terms and conditions for a marketing agency

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.