Mini-Survey ™ LGPS Terms and Conditions

STAKEHOLDER CENTERED COACHING LTD. IS WILLING TO PROVIDE THE PRODUCT(S) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THESE STANDARD TERMS AND CONDITIONS. BY ACCEPTING THESE STANDARD TERMS AND CONDITIONS, YOU ARE BINDING YOURSELF TO THESE STANDARD TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE STANDARD TERMS AND CONDITIONS, THEN STAKEHOLDER CENTERED COACHING LTD. IS UNWILLING TO PROVIDE YOU WITH THE STAKEHOLDER CENTERED COACHING LTD. PRODUCTS.

THE AUTHORIZED AGENT ENTERING INTO THESE STANDARD TERMS AND CONDITIONS ON YOUR BEHALF HEREBY REPRESENTS AND WARRANTS TO STAKEHOLDER CENTERED COACHING LTD. THAT HE OR SHE IS AUTHORIZED TO ENTER INTO THESE STANDARD TERMS AND CONDITIONS ON YOUR BEHALF AND BIND YOU TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

1. General Acceptance of Terms of Use

These terms and conditions are subject to change without notice, at any time in our sole discretion. We will notify you of amendments to these terms and conditions, when possible, by updating them on the payment page. You acknowledge and agree that Stakeholder Centered Coaching Ltd. shall not be liable to you or to any third party for any modification, suspension, withdrawal, or discontinuance of the product. You may also be asked to re-acknowledge and re-accept these Standard Terms and Conditions following any material changes. Please carefully review these terms and conditions before using this product. If you do not agree with these terms and conditions, please do not purchase this product.

2. Product Scope

The Mini-Survey™ LGPS product begins once the customer submits a Mini-Survey™ request form (i.e., ‘Mini-Survey™ LGPS Coach Form’) that is sent after payment has been made. The surveys are available for submission for two weeks after the launch date provided by the customer. After two weeks, Stakeholder Centered Coaching Ltd. will close survey access unless an exception has been approved in advance (exceptions are not guaranteed and are evaluated on a case-by-case basis). A final report will be electronically sent to the customer if applicable (see below – inadmissible conditions), after which the product is finalized, and Stakeholder Centered Coaching Ltd. has completely fulfilled its obligation to the customer.

The Mini-Survey™ report requires a minimum of four stakeholders to preserve the anonymity of respondents. Stakeholder Centered Coaching Ltd. will not be able to provide the final report or certain services pertaining to the product under the following inadmissible conditions:

i.                If there are less than four stakeholders upon submission of the Mini-Survey™ request form (i.e., ‘Mini-Survey™ LGPS Coach Form’), Stakeholder Centered Coaching Ltd. will not be able to deploy the campaign and the product service will be halted until the issue resolved. The customer must email surveysupport@stakeholdercenteredcoaching.com for more information on how to resolve this issue. Resolutions are not guaranteed and may require additional processing fees.

ii.              If there are less than four responses after the 2-week period, Stakeholder Centered Coaching Ltd. will not be able to produce a report for you.

iii.             If there are more than four responses after the 2-week period, but not all respondents have responded, then Stakeholder Centered Coaching Ltd. will produce a report with only the available data and recategorize breakout groups if necessary.

The Mini-Survey™ report is a custom generated dynamic export. The final product may not reflect the samples provided and may change depending on the available data. Certain captions and graphics may be unavailable or compressed.

Any work requested outside of this scope is subject to additional fees calculated and assessed by Stakeholder Centered Coaching Ltd. at their discretion.

3. All Mini-Survey™ LGPS request form submissions are final.

All customer entries in the Mini-Survey™ request form (i.e., ‘Mini-Survey™ LGPS Coach Form’) submission are final. If there are mistakes to the information provided, the customer must email surveysupport@stakeholdercenteredcoaching.com for more information on how to resolve this issue. Resolutions are not guaranteed and may require additional processing fees.

4. Stakeholder Centered Coaching Ltd. is not liable for ensuring all responses are received.

Although we will do our best to ensure all respondents receive their links without hesitation, confusion, or otherwise, we are not responsible for ensuring everyone can access their link.  We will provide the coach with basic technical support where needed, including providing documentation to support liaising with the company’s IT team, the number of variables that dictate a respondent’s ability to receive and access their survey are nearly innumerable.  We will do our part but will not be responsible to coordinate and troubleshoot individual or corporate IT issues.

Expectations of the Customer, or the ‘Coach’:

i.         Coaches must inform their respondents of their role in the Mini-Survey™ process. Stakeholder Centered Coaching Ltd. will not actively pursue responses aside from automated reminders sent by the survey system.

ii.         Coaches are provided with instructions to request their respondents to whitelist all inbound emails from the survey mailing domains. Stakeholder Centered Coaching Ltd. is not liable for receipt of survey emails if they are blocked from the recipient’s mailing server. The coach is responsible for ensuring the recipients are able and willing to receive emails related to the product.

iii.         If the respondents are not receiving emails for any of the reasons listed above, the coach must email surveysupport@stakeholdercenteredcoaching.com for more information on how to resolve this issue. Resolutions are not guaranteed and may require additional processing fees.

iv.         Stakeholder Centered Coaching Ltd. will not be able to send any emails to respondents that intentionally or unintentionally unsubscribe from the automated emails sent from the survey mailing server.

v.         Stakeholder Centered Coaching Ltd. will not monitor or, in some cases, be aware that respondents are unable to receive the emails from the survey mailing server.

vi.         Stakeholder Centered Coaching Ltd. will not communicate directly with the coach’s respondents unless the issue under inspection is deemed to be within our scope of service. Coaches must manage all communications with their clients and stakeholders that are not explicitly included in the product scope.

Stakeholder Centered Coaching Ltd. is not responsible for troubleshooting any issues not expressly stated within the product guidelines. Documentation is provided and periodically updated to provide adequate support to allow customers to fully utilize the product.

5. Distributing Survey Links

Survey links will be sent only through the product’s survey portal and will not be directly shared with the customer, nor should they be accessed by any individual other than the intended recipient. All links and pre-approved communications will be sent directly to the email addresses provided by the customer. Stakeholder Centered Coaching Ltd. is not liable for any breach of anonymity of survey responses or report data as a result of customer malpractice or misuse of the product. If the provided email addresses are incorrect, we will seize any and all communications to the incorrect email address and may terminate customer access to the product without refund upon discovery of the error.

6. Distributing the Mini-Survey™ Report

The Mini-Survey™ final report will be sent to the customer, or ‘Coach’, at the email address provided by the customer. All future sending and distribution of the report or any contents within are at the discretion of the customer after this point. Stakeholder Centered Coaching Ltd. is not liable for any general misuse or malpractice as a result of the contents and information contained in the report.

7. Cancellations

A refund may be issued within 24 hours of remitting payment, except in the case where the survey has already been launched, communications have already been sent, or any operational expenditure has been incurred by Stakeholder Centered Coaching Ltd., in which case a pro-rated refund may be issued at the discretion of the Company.

8. Appeals Process

You may appeal any decision made by the company by submitting a detailed written report stating the events that transpired, the decision in question, a reporting of how the decision was made and communicated, and why you feel it should be made differently.  We will review the request and, within 14 days we will aim to respond with final decisions.  The decisions which conclude an appeal are to be considered final.  The decision may be overturned at MGSCC’s discretion, and only in favor of the coach’s request, and only with the express written approval of the customer.

9. Potential Disruption of Service

The customer shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this product. Access to this product may from time to time be unavailable, delayed, limited or slowed due to, among other things:

• hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;

• software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;

• overload of system capacities;

• damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;

• interruption (whether partial or total) of power supplies or other utility of service;

• strike or other stoppage (whether partial or total) of labor;

• governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or

• any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.

If access to this product is unavailable, delayed or limited, or if this product does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses. Stakeholder Centered Coaching Ltd. will not be liable for any such loss.

10.         Limitation of Liability

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE PRODUCT (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE PRODUCT) IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK. WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS:

• ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE PRODUCT;

• DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE PRODUCT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;

• DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE PRODUCT AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND

• WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS PRODUCT, ANY INCOMPATIBILITY BETWEEN THE PRODUCT AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER UE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE PRODUCT OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.