Terms and Conditions
Our terms and conditions are set out below.
If you have any questions, please don’t hesitate to contact us, by e-mailing email@example.com
1. Acceptance of Terms & Conditions
2. Links to other sites
This site contains links to other websites not owned or operated by Smith & Henderson. We have no control over these, all of which have separate privacy and data collection practices, independent of Smith & Henderson. We therefore do not accept any responsibility or liability in respect of the content of those sites. Links do not imply that Smith & Henderson endorses the third party and are provided for convenience only.
3. Acceptable Use of Our Services
All active franchisees / employees who have been with your organisation for at least three months must be given equal access to participate in the survey process. Limiting access to specific individuals is strictly against Smith & Henderson policy, although participation is strictly voluntary. This means that you should encourage franchisees / employees to respond to the survey but not pressurise them in any way or otherwise try to influence the survey results. If Smith & Henderson has any concerns whatsoever about the conduct of a franchisor it may choose not to include its results in The Best Franchise Awards.
4. Intellectual Property
Smith & Henderson has sole and exclusive ownership of all right, title, and interest in and to the reports generated from the Franchise Satisfaction Benchmark and Employee Engagement Benchmark surveys. In consideration of you complying with these Terms, Smith & Henderson grants to you a non-exclusive, non-transferable, royalty-free licence to view, download and print your survey results.
5. Using Franchise Satisfaction Benchmark reports for Franchise Recruitment Purposes
Summary Reports are for ‘internal use only’ and should not be shared outside of the participating organisation, in whole or in part, in any form or by any means, without prior written permission from Smith & Henderson. The Complete and Customised Reports can be shared with external entities and used in franchise recruitment provided Smith & Henderson’s guidelines are followed.
All copyright and intellectual property rights in this website belong to Smith & Henderson. You are only permitted to copy or print extracts of the material for your personal use. You may not use any of this material for commercial or public purposes, unless you obtain formal permission by email to firstname.lastname@example.org
7. The Best Franchise Awards
For The Best Franchise Awards, Smith & Henderson survey various franchise systems and publish details of the highest ranking franchisors in terms of franchisee satisfaction, as measured by the Franchise Satisfaction Benchmark survey. These must have a response rate of at least 50% or at least 100 franchisees must complete the survey. Smith & Henderson does not publish the names of any participating franchisors with low measures of franchisee satisfaction, nor will Smith & Henderson publish any company specific data without your approval. Under no circumstance will the information identifying a participant be disclosed by Smith & Henderson or its employees.
Smith & Henderson reserves the right to allocate franchisors to what it sees as the best-fit category and at any time to modify or discontinue, temporarily or permanently, the Awards or any feature thereof with or without prior notice to franchisors.
8. Warranties and Liabilities
Whilst we make every effort to ensure that the information we provide is accurate and complete, Smith & Henderson will not be held responsible for any errors, or conclusions or liability resulting from the use or misuse of any such information (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever). In any event, Smith & Henderson’s liability is strictly limited to the amount of any fees received by Smith & Henderson from the Client in respect of the preparation of the Report which is the subject of any claim.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the survey and survey outputs. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of our services. Reports and The Best Franchise Awards are not intended to be any type of endorsement or recommendation by Smith & Henderson. Our research services are intended to provide high-level information only. They should not replace the standard due diligence performed by prospective franchisees, who we recommend seek independent professional advice from a BFA Affiliate lawyer and accountant before signing any franchise agreement and making an investment decision.
9. Force Majeure
Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
11. Choice of Law and Jurisdiction
The laws of England and Wales apply to your use of this website and any agreements entered into through it. Although you may access the website from other countries, by using the website you agree that English law will apply and the English courts will have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this website or any agreement made through this website.
12. Changes to Terms and Conditions
These terms and conditions may be changed by us at any time. You should visit this page periodically to review the then-current Terms because they are binding on you. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.