Table of Contents

If Customer purchases additional services, for example printing of questionnaires or undertaking of phone calls by QDP (“Additions”), Customer shall pay for these Additions as well as VAT and any other applicable taxes, as published in QDP Price Guide and available on QDP’s Survey Manager and as agreed with QDP at the time of purchase. 178

6. Customer Conduct. 179

7. Indemnity by Customer. 181

8. Termination. 181

9. Provision of QDP’s Survey Manager. 182

10. LIMITATIONS AND EXCLUSIONS OF QDP'S LIABILITY. 183

11. Intellectual Property Rights. 184

12. Privacy Policy. 185

13. General 185

1 Overview of SurveyManager

Survey Manager is an online software package designed to put you back at the heart of your feedback projects. We have created a unique product that allows you to design, build and publish questionnaires online or in paper format, receive real-time, online reports whilst still retaining all the support and guidance that QDP has provided for nearly 20 years.

You can use a QDP library model as a template or build your own bespoke questionnaires from scratch, copy last year’s survey forward or build your questionnaire from the QDP bank of pre- loaded questions. QDP will still help and guide you throughout your survey project and are always there to provide the reassurance a trained quality team gives.

1.1 Setting up Your Survey

1.1.1 Use the QDP library of questionnaires

All questionnaire models available to use or modify
Add or remove questions as you wish
QDP will update all the questionnaire models each year making sure you address all the current issues in the education and skills sector

1.1.2 Copy forward last year’s Survey

Use last year’s survey as a template for the current year
Link surveys to get your distance travelled reporting

1.1.3 Build new questionnaires

Create your own questionnaires
Create your own questions
Design ad hoc surveys and save them in your Survey Manager library so you can use them again
Multiple questionnaires can be created within a single survey project

1.1.4 Targeting your questionnaires

Who completes the questionnaires, how they are given access to it and which questionnaire within the survey project they are given access is controlled by your target list
The target list also contains the structure that you are going to report under
Small ad-hoc surveys can contain a single line target list

1.1.5 How will your survey be completed

Online Surveys are accessed via an emailed link or by logging onto the secure QDP web server. Paper surveys are printed and distributed by QDP, or printed and distributed by you. For telephone surveys, QDP runs an in-house telephone unit to make all your calls for you.

1.2 Reports

Detailed reporting from QDP
Reports structure to match your organisation
Real time All Returns to help improve response rates
Full report set generated on demand
Comprehensive External Benchmarking

Reports available on the web in Survey Manager
Reports CD and paper copies are available

We recommend working through this guide in conjunction with the SurveyManager software and setting up a “play” survey to familiarise yourself with the interaction style and in particular understand how the organisational structure maps onto entries in the target list and ultimately the report structure before creating live surveys. This will help you plan your approach to the creation of surveys.

1.3 Getting Further Help

If you require further help with any aspect of SurveyManager’s operation, please call the QDP’s Customer Services team on 01625 501917. Alternatively, you can chat live online by clicking the link on the front page of the QDP Services web site.

1.4 Conventions Used In This Manual

Throughout this manual we use the term “button” to refer to both on-screen buttons and links.

1.5 How SurveyManager Operates

The following diagram shows how the different components of SurveyManager fit together. As you read this manual, refer back to this diagram.

2 Login Screen

Whenever you access the SurveyManager web site, you should see the following login screen.

If you are using a shared computer DO NOT click the tick box marked “Remember me”. This will remember your credentials and will allow anyone to log into SurveyManager under your account without explicitly knowing your password. If you forget your username or password, click “Forgotten Password?” and enter your username or email address. Your credentials will be mailed to you…

3 Home Page

3.1 My Surveys

On logging in, you’ll be presented with the My Surveys page. This is the “home” page, and forms a dashboard that allows you to access and administer your surveys, as well as administrating user accounts and groups.

To the left are three tabs:

· My Surveys – which enables you to view the survey projects you have created. The surveys can be stored within a folder structure which you can create and maintain using the buttons above the tabs on the left of the screen. See below…

· Users - which allows you to add new users to SurveyManager.

· Groups – defines the groups to which the users belong.

Above these tabs are two buttons which allow you to create and maintain a folder structure to help organise your survey projects. The structure can be up to 3 folders deep.

To add a new folder click the add button and type the new folder name and click OK. The folder will be added at the current level.

A plus sign to the left of the My Surveys tab indicates there are sub-folders. Click the plus to reveal the next level of the structure.

The minus will collapse the structure,

Once you are in a lower level folder the delete folder tab will become enabled. A folder can be deleted once it is empty.

At the top right of the home page there are four links…

The profile link enables you to change your user details (address, password, etc.) and to define an organisational structure against which you can organise groups of targets. Always remember to click logout when you are finished using SurveyManager.

To return to this page at any time, on any other page click the “home” link at its top right…

3.2 Users

Clicking on the Users tab on the home page displays a list of the currently defined users.

To add a new user:

Click “add new user” at the top left of the main panel. This produces the following pop up window…

Enter a suitable user name and a password to continue. Please note that the user name and password are case sensitive.
The Contact Details section allows you to enter the user’s real name and title, phone number and postal details…

Finally, the “groups” tab allows you to add the user to a group for management purposes (further information about this is highlighted in section Group Administration)

Click Save to complete adding the user.

You can delete a user by clicking the relevant “delete” button in the Users Tab. This is an important housekeeping measure that should be carried out when users leave or no longer need access to SurveyManager.

You can also click “Edit” to edit the user’s details, in which case the same windows as above are displayed.

3.3 Group Administration

SurveyManager allows you to create new users and assign them to particular groups to reflect, for example, the departmental structure of your organisation. Once created a particular group are able to operate on the set of questionnaires created by the members of the group.

The level of access can be further controlled by the kind of group that a user belongs to. There are two kinds of groups: admin and guest.

Members of admin groups can create other users and groups, surveys and questionnaires.
Guest members can only add questions to their own questionnaires.

The creator and therefore owner of a particular survey can grant groups access to their survey project. If they grant guest access they cannot modify the questionnaire, target list or request reports.

In the diagram above, the admin group consists of Users 1 and 2. User 2 has created a guest group containing Users 3 and 4. Groups are good for organising your users, and can mirror the physical departments in your organisation structure.

To create a new group:

Click the Groups tab and then “add new group”. The following window pops up.

Enter a name for the group and choose whether it is to have administration rights, then click “Save”. The new group appears on the home page’s Groups tab.
To delete the group, click Delete and confirm the deletion.

Members of a guest group only have the right to view the results of a completed survey.

You can also change the name, disable or change the type of a group at any time by clicking “edit”…

Members of admin groups can administer other users and create groups.

3.4 Profile

The profile is where you enter your contact details and logo, change your own username and password and where you create a logical structure for your survey projects, onto which you will later map groups of targets for individual questionnaires. This page is accessed from the home page and contains four tabs, as follows…

3.4.1 Customer Details

This tab is where you enter your name, address, telephone number and postcode.

In addition you can change or remove the logo which will appear on your questionnaires and reports. To change the logo, click the “Edit” button. The bottom section of the screen will change to allow you to search and load a new logo from your computer. Please note, the logo needs to be correctly sized to the dimensions required for appearance on your questionnaires and reports; your Customer Services contact at QDP can assist you with this if you are unsure.

3.4.2 User Settings

The user settings tab allows you to change your user name and your password. It is recommended that you change your password on a regular basis to prevent security breaches.

3.4.3 Visual Defaults

The Visual Defaults tab is provided for future development.

3.4.4 Organisational Structure

The organisational structure tab provides help when loading target lists. See section ‘Targets’. The validation of target list will check that the elements included within the organisation structure have been included as columns within the target list. For example you may want to ensure that Department, Course and Section are always included within a Learner target list.

On the left is the list of the standard survey types. Select a type (we’ve selected Learner in the figure above)

You can add an organisational element to the type by clicking the link on the top left.
You can remove or rename elements by clicking on the appropriate entry and then the required link, either remove or rename.

As an example, for the Learner category, we’ll create organisational elements of Course, Section and Department. When we come to define targets SurveyManager will warn if these columns have not been included in the target list. This has two important benefits:

· If you, or QDP, are printing questionnaires all the relevant distribution information will be available

· More important, when we come to create the reports all the organisational elements that need to be reported can be. Columns cannot be added to target lists after the survey project is published and it is therefore vital to ensure all the elements you require in your reports are included in the target list.

populated target list

As you can see, the curriculum area and course enable you (or QDP if you opt for us to print or invigilate the questionnaires) to define what groups of targets are to fill out which questionnaires. Each row represents a group of targets.

To express that courses are subordinate within a curriculum area (as we’ve done above and shown by course being indented underneath curriculum area), you can either select the curriculum area you just defined and then click the folder icon to add the course as its subordinate, or if you’ve already created the course, drag and drop it onto the curriculum area.

Finally, click “Save” and then click “Close” to continue.

4 Creating a New Survey

There are two options for creating a new survey:

Creating a survey afresh.
Copy an existing survey.

4.1 Creating a Survey Afresh

To create a new survey project:

Ensure you are in the required folder for the new survey.
Click “add new survey project” on the top left side of the main panel on the home page. This presents a list of existing surveys which looks very similar to the home page. To create a new one, click “create new blank project” again in the top left hand corner of the main panel to bring up the survey’s Project Plan page.

4.1.1 Project Plan

The project plan defines the survey type, title and the key dates within your survey.

Select the type of survey that you are setting up; i.e. learner, staff, employer etc. This is very important as it ensures that you have access to the correct example questionnaires and matrix of questions when creating each questionnaire within the survey project.

Enter a name for the survey project. This is the name that will appear in the list of surveys on the home page and it should be unique to allow easy identification (usually by adding the month and year to the survey title e.g. Student Feedback – Induction - Oct 2015)

The ‘Link Survey’ box allows you to link this survey to a previous one for the purposes of Distance Travelled reporting. To do so, click the “…” button at the right of the entry. A window appears containing your previous surveys…

Select a survey to link with and click OK. You can also unlink the current survey on this screen.

Enter a proposed Start Date either by typing it the box provided or by clicking the button to the right of the box
Enter a proposed End Date. The date are only for your information they are not used to automatically start or end surveys within SurveyManager
When you’re done, click “save survey” on the top right of the main panel to continue. An additional 4 tabs will appear down the left hand side of the screen.

The survey project will now appear on your home screen.

The status and actions available will change as the survey project progresses. The actions can be viewed by clicking the “view” link on the right of the screen next to the appropriate survey project. A pop-up will display the current actions available to choose from…

Clicking on an action will provide a detailed explanation in the lower half of the screen.

When each survey project is created only you and members of your group or groups can see or amend the survey. If you wish to grant other people access, follow the instruction in the next section.

4.1.2 Granting Access to a Survey Project

Once your survey project is set up, you can grant user groups access to it (you will need to do this if you want other SurveyManager users outside your groups to be able to access the survey).

On the home page, click the “view” Actions link on the right against the appropriate survey.
Select “Grant access to this Survey” from the list and click OK. The following window pops up with a list of all the groups that you have set up)…

Select the groups to whom you wish to grant access to the project using the tick boxes, then click “Save” to continue. You can remove access in the same way.

4.2 Copy an Existing Survey

Copying an existing survey allows you to bring forward previously used questionnaires, which can be kept identical, or amended.

To copy an existing survey:

Click “add new survey project” on the home page. This presents a list of existing surveys.
Click on the “+” to the left of the survey that you wish to copy over. This will open up a list of the questionnaires included in the survey.
Click in the check box next to the questionnaires that you want to copy and then click “create new project” on the right. This will open a Project Plan.

Change the title of the survey to reflect the new survey.
The new survey will be automatically linked to the one that you have copied over (you can change this using the drop down arrow if required). The purpose of this is so that Distance Travelled reports can be run.

Amend the dates to reflect the survey dates and save the survey. The questionnaires will now be saved in the new survey and ready to be amended as you see fit (more information about this can be found in section 5)

5 Questionnaires

Once the project plan has been established, you can begin populating your survey with one or more questionnaires. Questionnaires consist of one or more logical sections, each containing questions related to a specific subject. You can also add explanatory text to a section and include page breaks between sections.

5.1 Creating New Questionnaires

To define a new questionnaire for a survey:

Firstly access the survey from the SurveyManager homepage and once open, click on the ‘Questionnaires’ tab on the left. At the top of the questionnaire page is the following action bar…

A survey can contain multiple questionnaires, with each having its own tab. In the image above, there are two, called “Questionnaire 1” and “Questionnaire 2”. To select a questionnaire, click its tab. To create a new questionnaire, click the “+” tab.

SurveyManager carries a library of predefined questionnaire templates you can load. To view the library and to use one of the templates as the basis for a new questionnaire, right click one of the questionnaire tabs and select “Open Questionnaire Template”.

You can use the search box to help locate the appropriate model. Type a few letters that should appear in the questionnaire title. For example “prog” and press return.

The questionnaire templates shown will be relevant to the survey project type you set on the Project Plan page. Select a template and click “Continue”. The new questionnaire is populated with questions from the template. Rename the questionnaire if appropriate and save it.

5.2 Cloning a Questionnaire

Once you have created a questionnaire you can make a copy or clone by right clicking on the appropriate questionnaire tab and selecting Clone as New Questionnaire.

For example you may wish to create a questionnaire for full time learners, which includes questions about the experience including their induction and some of the college. In the same survey project you may want to ask the part time learners the majority of the question but exclude those on the facilities. To do this create the full time questionnaire and then clone it to create a copy for the part time questionnaire. The part time version can then be amended to exclude those questions not needed.

5.3 Settings

The settings apply to each questionnaire within the survey project. There are three tabs within the ‘Settings’ section;

5.3.1 Web

This allows you to dictate the background colour of an online survey. There are some pre-set colours available; however you can make a request to QDP to add an additional colour if you require. At the foot of the pop-up there is also a drop down box which allows you to determine the language of the used when displaying the buttons, footer and key of the questionnaire (English or Welsh).

5.3.2 Printing

Similarly the font and language can be changed on printed questionnaire by selecting the appropriate choices from the list.

5.3.3 Paired Questionnaires

This allows you to offer the target the choice of questionnaire to answer. For example a Welsh college may want to offer its targets the choice to answer a questionnaire in English or in Welsh. The English and Welsh questionnaires are first created within the survey project. To make the pairing, click in the check box next to the questionnaire that you wish to pair the current questionnaire with and click ‘Save’. Please note that this facility only has an effect on online surveys and that you can only pair questionnaires within the same survey.

5.4 Previews (Paper/Web)

As you add sections and questions to a questionnaire, you can see how it will look on screen and in print by clicking ‘Web Preview’ or ‘Print Preview’. The first option opens a window showing how the online questionnaire will look to the target. The latter opens a window giving a pdf preview of how the questionnaire will appear on paper. This allows you to see if you wish to make any formatting changes or add page breaks.

5.5 Import

The import button allows you to import a full questionnaire from the library in the same way as described in section 5.1 Creating New Questionnaires.

5.6 Delete

To delete the currently selected questionnaire from the survey project, select Delete and confirm that you want to delete it. Deleting a questionnaire will delete all the questions and sections and any answers stored against them. Please note that this action cannot be undone.

Please ensure that the correct questionnaire for deleting is open before clicking ‘Delete’.

5.7 Save

Save is provided to save any title changes to the questionnaire. Questions and section are saved automatically as they are created. You can save your work at any time by clicking “save”.

5.8 Sections

By default, a newly created questionnaire contains an initial empty section…

To the right and at the top of each section is an option called Edit. Click this and the following menu of options appears.

Once a Rated question (see section 5.9.1) has been added into a section, additional information concerning the response scale used for the section will be displayed next to the Edit button.

5.8.1 Renaming/Deleting a Section

Click the ‘Edit’ option on the above menu and enter a new name.

To delete it, click Delete. Deleting a section will permanently delete the section and all the questions within it including any answers already stored against those questions.

To close this menu and continue, click the “X” icon on the right.

5.8.2 Changing the response scale for a Section

Click the ‘Edit’ option on the above menu…

The number of points to be used can be chosen and by clicking response settings the wording to be used can also be changed. If you require a wording that does not appear please contact QDP’s Customer Service Team.

In addition to the various wording at the foot of the pop-up you can also choose whether to have Smilies displayed, whether to include a not applicable option and which order you wish the response scale to run. The standard order is from positive to negative.

5.8.3 Adding a New Section

To the left, above and below the current section, are two links marked “add”. These enable you to enter a new section or a page break above or below the current one…

Adding a new section opens a window where you can enter a name for the new section and select the type of section you want. Alternatively you can use a QDP pre-defined section. The pre-defined sections are populated with a full set of questions from which you choose those you which to include in your questionnaire. See section 5.8.4.

There are 3 types of sections in Survey Manager

Introduction		Introduction sections replace the standard QDP introduction text for online questionnaires. Only text items are allowed in Introduction Sections. Only 1 Introduction section is allowed per questionnaire
Standard		Standard sections are used as containers for questions and text items. You can add as many Standard sections as you wish in your questionnaire. Each section is displayed on a separate page in online surveys.
Extroduction		Extroduction sections replace the standard QDP Extroduction text for online questionnaires. Only text items are allowed in Introduction Sections. Only 1 Extroduction section is allowed per questionnaire

You can also add a section populated with predefined questions by clicking the QDP Section Library tab and selecting an appropriate one. See below.

5.8.4 Adding a QDP Section

Within SurveyManager a set of predefined sections are included. These cover many of the common topics which you may wish to ask in a questionnaire. To insert a QDP section, click the Add to the left and above or below as required.

When you select a relevant section from the library, the questions contained within that section are displayed...

Click the tick box to the right of those questions you wish to add to the section. If there are many, you can simply tick the box above the other tick boxes to select them all. You can also select whether you want any rated statements to have a 2-point, 3-point or 4-point scale. When done, click Add to return to the questionnaire.

5.9 Adding/Editing Questions

To add a question to a section, click the “add” link in the left hand side of the section and select “Question”…

SurveyManager supports four types of question, as we’ll see in the following subsections. In all cases, there are a couple of things to be aware of:

If you include a library question in a questionnaire and change the text of the question, the changes you make need to retain the sense of the question. For example, a rated statement question that reads, “I am happy with the college” should not be changed to “I am not happy with the college” because the sense of the question will be inverted.

Once you select the type of question, the type and several other pieces of information become fixed because they define the question in the database. You may however edit other aspects of each question type as detailed below.

5.9.1 Rated Statement Questions

Rated questions are those against which the target must pick an amount by which they agree with a related statement. SurveyManager supports questions of this type with two, three and four levels of agreement or points. The wording to be used, the order of the scale, the display of Smilies and the Not Applicable option can all be selected by clicking the response settings. See section 5.8.2.

Rated statements are also the only type of statement that provides comparison using distance travelled, internal or external benchmarking and it the latter case the statement must be a QDP matrix statement. Multiple choice questions will not provide these comparisons.

Once created, you can change the text that goes with the question. The first rated question within a section also sets the response scale to be used for the entire section. Therefore, once you have added a rated statement you can only change the response scale by changing the scale used within the section. See section 5.8.2. The type remains fixed.

In the survey, using the default selections for the response scale, the question will appear as follows:

5.9.2 Multiple Choice (One Answer Only) Questions

The display format determines how many columns, between 1 and 4, the responses will be laid out in on the printed questionnaire. Online questionnaire will display the responses as a drop down list to ensure a single selection is made.

Responses are added by typing the required text and clicking the add button. To speed up the entry of response texts, you can enter them on one line separated by commas “Car, Cycle, Motorcycle, Bus, Taxi, Walk” in our example. Click Add and SurveyManager will separate them into individual options in the right hand list. If you use this facility, remember to begin each option with a capital letter if you want each option to have an initial capital in the survey.

When you have added all the required responses, select the ones you want in the right hand list by clicking their associated tick boxes and then click “Add” to return to the questionnaire.

If you need to change the order of the responses, click Edit to open the question’s edit options, and click edit again on the menu that appears. Select the option whose position you wish to change in the right hand column and click the up and down arrows. Click “Add” when you’re done. The online version of the questionnaire which uses a drop down list of options for multiple-choice single answer questions will appear…

The printed version will show all options along with the instruction to only place a cross in one box. This is where the number of columns you selected for the options comes into play…

5.9.3 Multiple Choice (Multiple Answer) Questions

Multiple-choice questions where the target can select more than one response are entered in the same way as above. However, in web-based questionnaires, the number of columns is significant because all choices are presented for selection rather than being part of a drop down list. With two columns, the question will look like this…

5.9.4 Free Text Questions

Free text questions are ones in which the target can capture their thoughts, feelings and opinions…

The number of lines affects the size of the text entry box.

5.9.5 Changing the Order

Questions, text and sections can be moved by dragging them and dropping them where required. If a rated question is moved from one section to another its response scale will be changed, if required, to reflect the new section. The scale change will cause all answers collected against the current response scale to be lost.

5.10 Adding QDP Questions

Within section 5.8.4 we learnt how to add complete sections of QDP’s predefined questions. You can also add a single question from the QDP library of question by selecting the appropriate tab…

The questions can either be chosen using QDPs matrix number (these can be found in brackets next to the question number within previous questionnaires or QDP examples) or by picking questions from a section in a similar manner to selecting sections.

5.11 Deleting Questions

A question can be deleted at any time however; if answers have been collected against the question then these will be lost. Replacing the question with the same question again will not bring back the deleted answers because SurveyManager will treat the replacement question as a completely new question.

This also applies to responses within questions. Each response is a unique identified by SurveyManager and thus if deleted all answers collected against it are lost. Creating a new response spelt exactly as the one deleted will not recover the answers.

5.12 Adding/Editing/Deleting Text

To add text to a section, click the “add” link on the left hand side of the section and click text. You can type plain text in the box displayed and click Ok.

If you want to add formatting you can click the “advanced” link at the bottom left. The screen below can then be used to enter formatted text. You can also paste text, pictures and html created in other applications such as word.

5.13 Using “My Library Questions”

You can create your own library of questions. This only needs to be done if there are QDP question wordings that are particular to you that you wish to keep or you have a new question that you want use in other survey projects.

5.13.1 Add a question to My Library

Choose the “edit” button next to the question you wish to keep and select “add to my templates”.

Ensure that a meaningful name is given to the question before adding it to your library.

5.13.2 Using a question from My Library

When you are adding questions you can find your previously stored questions on the My Question Library tab. This operates in the same way as the QDP Question Library which is described in section 5.8.4.

6 Targets

Targets are the people who will complete one or more questionnaires as part of a survey. They contain the details of which questionnaire is to be completed by which group and additional contain all the details of that group which are used to produce the reports. The entries you made in the organisational structure, see section 3.4.4, are used to help validate the target list to ensure the required information is included to give the correct reports.

If your survey contains a single questionnaire and is targeted at a single group you can use a simple one line target list.

To create a target list you can either enter the information into a blank sheet generated by SurveyManager or load an Excel sheet exported from your MIS systems.

For the purposes of target list we have used QDP’s standard Induction – Full Time and Induction – Part Time questionnaire models within the survey project.

6.1 Open Blank Target List Model

To generate a blank spreadsheet to populate, click the “open blank target list model” link. You’ll be prompted to open the generated file. Click “OK” to continue.

The generated blank target list will always contain three standard columns, as follows…

Invigilation Type
Questionnaire
Number (of targets)

Entries in the invigilation type column can be one of the following standard types:

Paper
Telephone
Mailer
Online
Email

Each row in the spreadsheet defines a particular group of targets. In the questionnaire column for a particular row, you add the name of the questionnaire you want that group to answer, and the number column you put the number of respondents you need for the questionnaire. The Questionnaire must be the exact same name as you have given to one of the questionnaires in your survey project.

The entries made in the organisational structure for the survey’s particular type are reflected in the headings of the other columns. Please don’t change the names of any of the columns…

Here’s the spreadsheet populated with example data…

Each row identifies a distinct group of targets, which have their own questionnaire and invigilation type. In this example, all invigilation will be done online save for course SP054-01S89. Most target groups will answer Induction – Full Time with a few groups answering Induction – Part Time.

Entries in the Questionnaire Type column should always be the exact names of questionnaires you have created. This column and the Invigilation Type column are both case sensitive.

When we come to load the populated target list into SurveyManager, it will scan these columns to extract the correct questionnaire and invigilation data. The other columns are all free text.

Also note that an extra column has been inserted in column C called “Learner Type”. This is permitted. SurveyManager will simply add any extra columns you enter to the database and then they can used within the reports. The order of the columns has also be change to improve readability and some formatting applied. The sheet has also been stored in Microsoft Excel format (.xls or .xlsx).

Finally it is important to ensure the following:

· There are no hidden columns or rows

· If including Course and Course Code they are also included as a single entry as above for clarity within the reports

· The workbook contains a single sheet

· The Column headings are unique

· There are no formulae contained within any of the cells

6.2 Add New Target List

Once you have populated and saved your spreadsheet, import it by clicking “Add new target list”. Click “Browse” on the resultant pop up window and select the spreadsheet.

Next, click upload. The spreadsheet is loaded and displayed…

Your Target List is displayed as a series of pages. The size of the page can be altered by changing “Show rows” at the bottom left of the screen. The example only has a single page. However you can see that there are facilities to move through the pages and to jump to a particular line within the list.

A target list must be validated in Survey Manager before it can be used. Click the Validate button to start the process.

The validation process will check the Target List conforms to a set of standards. These include:

· The existence of the mandatory columns – Questionnaire, Invigilation Type and Number

· The questionnaire types exist in the survey project. Spelling mistakes including casing will result in an error

· The invigilation types are correct

· There are no blank rows or columns

· Column names are unique

You can change any entry within the sheet. If you click on an entry in either the Questionnaire Type or the Invigilation Type columns you will be prompted with a list of valid entries…

In this example, we’ve clicked the first entry in the Questionnaire Type. The possible options are the names of the questionnaires we have created within this project. You can change a single entry in the list by clicking ‘Change Current,’ or all with the same questionnaire type by clicking ‘Change All’. If you click an entry in the Invigilation Type column, the options presented are the standard types from the project plan page.

You can also edit or delete a line if needed, for example to remove a duplicate or correct a spelling mistake. Click the “edit” button next to the appropriate row…

The details can be amended as required and saved.

To remove an item from the Target List click the Edit link on the line you wish to delete.

The edit window appears again from which you can select Delete and remove the item from your list. If a particular row is deleted after answers have been collected against the row these will be lost.

Click the Validate button to have SurveyManager check the changed entries. If you misspelled an entry in the Questionnaire Type or Invigilation Type columns of the spreadsheet, you will receive an error. Remember: these columns are case sensitive. If you need a reminder of the organisational structure relevant to the survey type, click “Organisational Structure” at the top right.

6.3 Exporting/Deleting Target Lists

Once your target list is populated, loaded and verified, you can export it into its own spreadsheet by clicking export. This is useful when you want to use it for another survey with the same organisational model.

If you wish to delete the current target list before you have published the survey, click Delete and confirm the deletion. Once the survey has been published target list rows can be deleted one by one. If no targets have completed the questionnaire the delete will have no effect on the survey results. Note, however, if any questionnaires have been completed against any row you are deleting then all answers collected against these rows will be permanently lost. Reloading the same target list will not restore the answers. Once you delete the current target list you can create a new blank one and load it.

6.4 Changing Target Lists

You can change the name of a target list column to increase readability or to allow it to be mapped more easily for distance travelled reporting. Click any of the entries on the title bar…

The popup over will be displayed.

To change the current allocation of the column, simply pick another from the list. To change the name of a column name you can add the new name to the list by using the add feature on the left and then select the newly added entry from the list.

A column can also be removed from the target list by selecting “Delete Column”. This will permanently remove the column.

6.5 Adding Additional Targets to a Survey

Once the survey has been published it is still possible to add targets to the target list. The survey must be Paused to do it which means that no online questionnaires will be available for completion whilst the additions are being made. There are two ways of adding rows to the target list:

· Manually type additional rows by clicking the Add (new line) button on the right just above the target list; this will open a new window for you to type in all of the required details.

· Load a second target list containing ONLY the additional rows. The columns of the new target list must match exactly the columns of the loaded list. You can ensure this is the case by exporting the current target list, deleting all of the current row apart from the header row and then adding the new rows. Note: If you do not delete the rows from the exported excel sheet these will be duplicated in your loaded target list.

6.6 Subject Specific Targeting

Subject specific targeting is used when you are collecting multiple sets of information from a single target. For example, asking each student about their A Levels or their HE modules. An example of the target list to be used is…

In the above target list there are three columns used for Subject Specific targeting. These are:

· Student Code – the code used as the login code to display the list of surveys that need to be completed

· Name – the salutation displayed to confirm who has logged on

· Response – the titles of the questionnaires to be displayed on the logon screen

To set the connection between the target list columns and the required subject specific code, response and salutation click the appropriate entries on the blue title bar and map each one in turn using the fields at the foot of the screen…

When the survey project is published and you download the links (see section 7.3.1) each line within the list will only have a single hyperlink code which provides access the survey project login screen.

NB: To ensure a questionnaire is not completed twice by a respondents click the lock option on the publish screen. (See section 7) Once a questionnaire has been completed it will then show as completed on the screen below.

The target then enters his/her code to gain access to the list of surveys needing to be completed…

7 Publishing and Distributing the Survey

7.1 Publishing the Survey

Once you are happy with your questionnaire(s) and have successfully loaded and validated your target list, you can publish the survey so that the target groups you have defined can complete their questionnaires.

Back on the home page, click the “view” link within the Actions column next to the appropriate survey project. The popup now includes the “Publish this Survey” action. Publish will create all the online and paper questionnaires ready to be used. Click this and the following window appears…

The top section shows you the survey project details and provides a last opportunity to amend both the project title and link survey project for distance travelled.

In the centre of the screen and if and only if the target list has been set up as subject specific (see section 6.6) you can select to chain the questionnaires together. This takes each questionnaire that is targeted to a “subject” within the target list and forms a single questionnaire from those listed. The questionnaire is then ask as if it was a single long questionnaire

Each of the Invigilation types used in the survey will be listed. These are:

· Paper Questionnaires. Each questionnaire model will be listed with the numbers to be targeted. Under action you can choose whether to print the questionnaire or to get QDP to print them in which case you should contact the Customer Services team to confirm specific delivery dates and costs. If you choose to print them you can enter any completed questionnaires into SurveyManager by typing them by hand at any time or you can send them to QDP for processing. If you choose the latter please, as far as possible, ensure the following:

o The questionnaires are printed on A4 plain white 80 grm paper

o Where practical a single printer is used

o They can be printed double sided but it’s important to choose to print single or double sided for ALL questionnaires

o If there is more than one sheet please staple them on the top left hand corner ensuring the is a sufficient gap between the staple and the skew marks (the small black squares)

· Online questionnaires. Three options are available:

o I want to download and print instructions to access my online questionnaire. Use this to create sets of invigilation sheets to distribute to the various target groups

o I want QDP to print and pack instructions to access my online questionnaire and post them to me. As you might expect invigilation sheets will be created and batched in envelopes by QDP before being despatched to you

o I want to download and email links to my online questionnaire. A copy of the target list is created with the links to access the correct survey held in extra columns.

For online questionnaires you can select to lock the survey for each cohort once the targeted number of people have completed the questionnaire.

· Telephone. Two options are available:

o I want to telephone my targets and complete my questionnaires: - A copy of the target list with the appropriate codes is produced and the results can be typed directly back into SurveyManager. If preferred you can use the online invigilation to collect the results but still phone the targets.

o I want QDP telephone the targets and complete the questionnaires for me: - Please contact our Customer Service team to confirm any specific arrangements and dates.

· Mailers. Two options are available:

o I want to download, print and mail my questionnaires. A copy of the target list with the appropriate codes is produced and the results can be typed directly back into SurveyManager. If preferred you can use the online invigilation to collect the results but still phone the targets.

o I want QDP to print, pack and mail my questionnaires. Please contact our Customer Service team to confirm any specific arrangements and dates.

· Email. Two options are available:

o I want to download and email links to my online questionnaires. A copy of the target list with the appropriate codes is produced which can be used to mail merge.

o I want QDP to email links to my online questionnaires. Please contact our Customer Service team to confirm any specific arrangements and dates.

When you are happy with everything click “Go live”.

7.2 Additional Charges

The final tab displayed at on the left relates to additional services you wish to order from QDP. Clicking the tab will display the following screen…

At the foot of the screen there are further options associated with the project each of which will incur additional charges…

QDP will type any paper comments or for online surveys will read and remove swear words and names. If you choose not to ask QDP to read comments they will appear as typed by the targets into SurveyManager.

Your reports will be available on SurveyManager but if you wish you can request a copy on CD to load to your intranet or for safe keeping.

The reports will be not normally be printed: individual reports can be printed directly from SurveyManager. If you would like a full set of printed reports select yes and contact our Customer Services team to confirm your requirements.

Finally, you can request QDP to undertake a full QA of the project to ensure everything is set-up correctly, that the questions are sensible and cover relevant issues and the target list will produce the expected reports. If you request a QA do not set the survey live until you have received confirmation from us that the QA has been completed.

7.3 Distributing the Survey

Once the survey is published, when you view the Actions, the options for the survey have changed…

Click “Distribute this Survey” and the following window will appear. This gives details of all the links to online surveys and links to printable PDFs of questionnaires within the survey…

Each questionnaire within the survey project with a distinct invigilation type appears on its own line. In the case of printing, for example mailers, you may receive multiple documents each of which will appear on a separate line.

Two Actions are available:

7.3.1 Download

Click download to access a csv spreadsheet containing the appropriate original rows of the target list together with three extra columns on the right.

The first extra column contains a unique code linking the target group and its questionnaire. The second is the general login link for targets to use in conjunction with the associated code to log in and complete the relevant questionnaire. The third column is also a link, which will log each target in and present the questionnaire to them directly. These links can be sent via your preferred invigilation method to the targets so that they can fill in the associated questionnaires.

Following the login link, the target will see the following screen, where he/she can enter the code to access the relevant questionnaire…

When using direct access the above screen changes slightly in that a single field is given to enter the required code, normally their student Id. The second extra column, Login Direct Access, allows the target to access the questionnaire directly without going through the above screen.

Note that the targets do not need a SurveyManager account setting up to complete their questionnaire.

7.3.2 Print

The print action will pop a screen to allow selection of the documents to be printed…

All printed material is created in the form of a pdf file. For small print quantities the whole batch can be downloaded ready for printing at once. If the print quantities are large they can be split into manageable chunks using any of the columns within the target list.

Note: Large print files may take a considerable time to create and can be broken down into small sections which will speed up the overall time taken.

7.4 Manual Input

If you have opted to print off your questionnaires and have them filled out by hand, you will need to input the results. On the home page, click the relevant survey’s “input” link. The following page appears…

On the left you can see the total number of questionnaires printed off for the survey, the number of questionnaires already input (initially zero) and those still left to be input. Below this is a list of the individual questionnaire codes along with the number of targets and the number of questionnaires entered. Copy the code for the questionnaire you want to enter into the search box at the top. Press enter and the questionnaire appears, ready for you to enter the data from the printed copy. You can use the keyboard to type the responses rather than clicking using the mouse. When you have entered all the answers, click Save to continue. The number of questionnaires input and the number outstanding will change accordingly.

7.5 Monitoring Returns

As the targets begin to return completed questionnaires, you can monitor their progress. In the reports column of your survey on the home page, click “Returns”. The following page appears…

At the top of the page is a pull-down list enabling you to select a specific part of the target list to report. On the left are the columns from the target list. Each has a tick box for you to include or exclude them from the report allowing you to view specific cohorts within a particular part of your organisation structure. Click “Generate Report” to update the display with the new settings. The report gives the number of targets who have completed questionnaires. The yield column gives the percentage of targets within a target group that have completed their questionnaire.

When a large target list has been used within a survey, it is advisable to select a section of the targets using the drop down box.

The report shows the returns received, percentage of the total sample, number targeted and yield achieved for the chosen section of the target list and detailed by each column selected.

The report can also be exported to Excel by clicking the Export button once it has been enabled. This will copy the displayed all return into an Excel file.

7.6 Report

Clicking the ‘Report’ button under Actions will request a full set of reports using the results collected to date. Due to the volumes of data and reports these are run as a batch process. Once completed you will be notified by email and the full button against the survey on the home page will become available. To view your reports, click on Full.

QDP will set-up your reports and once done will send a email notification. The reports themselves are detailed in section 8.

7.7 Pausing a Published Survey

You can pause a published survey at any time by clicking its associated “pause” on the home page. This suspends the survey and allows you to make changes to its structure and the target list. Once complete, re-publish the survey to continue.

Deletion of target rows, sections, questions or responses will cause any data collected against them to be lost.

7.8 Archiving a Survey

Archiving a survey ends it completely. Note that this is irreversible and should only be done to surveys that have been completed and when you are happy that you have received all of the required reports.

8 The Reports Browser

The full set of reports is displayed in a browser similar to Explorer and is accessed by clicking the reports link for the appropriate survey on the home page.

A screen similar to explorer will be displayed…

19 Glossary of Terms

19.1 Agree Percentage

The total number of people who agreed (Strongly Agree and Agree) with a statement expressed as a percentage of the total number of people expressing an opinion of that statement (the Flattened total) QDP recommend this figure is used when communicating with external bodies. E.g. the media

The Agree % can be used for quality improvement but, it is more difficult to use to measure improvement than the rating.

Definition:

All those who agreed divided by all those who expressed an opinion.
Normally count of (those who Strongly Agree or Agree) /Flattened total) * 100

19.2 Benchmark

The benchmark described in the heading and shown on the right of the report is the chosen 'slice' to which all the chosen 'slices' to Report by are compared.

For example you could choose to compare the courses within a Curriculum Area. The Report by would be Course and the Curriculum Area would be the Benchmark.

Courses with positive black scores are higher than the appropriate Curriculum Area and those with red scores are lower.

19.3 Difference From

This is the comparator for the report and shows how well the chosen 'slice' of data compares. For example the comparison maybe against:

· All respondents answering the survey or

· the next level up the management structure (e.g. a course against a curriculum area) or

· an external QDP benchmark figure (e.g. Full time learners) In this case the number of respondents and organisation within the benchmark will also be shown

The comparison is shown for each issue in the 'Difference' column usually just to the right of the graph.

19.4 Difference

This indicates the gap between the score for this 'slice' when compared to the score for the chosen Difference from shown at the head of the report.

It is a comparison of the performance of the chosen 'slice' against the chosen Difference from or benchmark.

The black positive figures indicate better than benchmark performance, whereas the negative red figures indicate poorer performance.

19.5 Distance Travelled Report

A full description of the Distance Travelled Report is available within the Understanding Reports section. The report is produced once the survey has been run more than once for each area of the school you targeted and for each demographic included within the survey. The comparison can span up to 5 runs of a given survey.

The Distance Travelled Report is useful to confirm the areas identified and addressed from the last survey have indeed improved. Conversely it can be used to spot potential problem areas where the score is dropping.

19.6 External Benchmark

The External Benchmark provides a comparison of your organisation against similar organisations across the country using:

· Direct comparisons of your Rating or Agree % against the appropriate national benchmark;

· Which quartile your organisation falls into (A = area of strength, D = area of concern).

The Benchmarks are created annually at the end of the academic year. External Benchmarks are available for your provider criteria, information supplied within your Coding Frame and the Demographics section of your questionnaire. Given all of this information we will produce External Benchmarks for:

· Provider criteria:

o Inspection Grade

o Provider Size

o Provider Type

o Location

o Local Authority

o Geographical Region

o Stakeholder Partnership

· Subject criteria:

o Notional Level

o Attendance

o Subject Sector Categories

o Respondent demographics:

o Attendance

o Age

o Ethnicity

o Learner Type

o Learning Difficulty

o Disability

19.7 External Benchmarking Report

A full description of the External Benchmarking Report is available within the Understanding Reports section. An External Benchmarking Report is produced for each area of the school you targeted and for each demographic included within the survey where QDP have sufficient information to give an external comparison. The “All Respondents” slice provides an overall comparison of the school against other primary schools and can be used as a start point to identify your schools strengths and weaknesses.

19.8 Filtered By

Filters are used to reduce still further the data 'slice' being reported.

For example the report may be by a particular course. This could be further filtered by Gender - Female if a particular equality and diversity issue were being studied.

The filter can be any information supplied on the coding frame or demographics featured within the questionnaire.

19.9 Flattened Total

The flattened total is used within the calculation of the agree % and the rating.

It is the total number of respondents that expressed an opinion. It excludes those who said the question was not applicable or who gave no answer.

If this number is low in comparison to the Respondents at the head of the report it indicates a low response to the question. This can be caused by the question only being asked to a limited number within the survey or the question being poorly understood. In the latter case the wording of the question may need to be altered.

Definition:

The count of all those expressing an opinion. Normally the count of the Strongly Agree, Agree, Disagree and Strongly Disagree.

Flattened Total = (count of Strongly Agree) + (count of Agree) + (count of Disagree) + (count of Strongly Disagree)

19.10 Graphical Report

A full description of the Graphical Report is available within the Understanding Reports section. A graphical report is produced for each area of the school you targeted and for each demographic included within the survey. For example, each school year or each class, gender or ethnicity.

Where a particular slice can be compared externally there will be a matching External Benchmarking Report. The difference is the comparator used to provide the “Difference from”. In most circumstance the External Benchmarking Report will provide the information required and if used in conjunction with the appropriate Internal Benchmarking report will give an External and Internal comparison.

19.11 Internal Benchmark

Compares the chosen slice against other respondents in the survey normally “All Respondents”. It shows areas of comparative strength and weakness within the school.

19.12 Internal Benchmark Report

A full description of the Internal Benchmark Report is available within the Understanding Reports section. The report produces a side by side comparison of various slices of the school against another slice, normally “All Respondents”. The report is used to identify areas of comparative strength and weakness within the school.

19.13 Mean Rating

Within the League Table this shows the mid-point or mean score for the chosen Report By sample.

Those above this point are better than average, those below worse.

19.14 Not Answered

The figure shows the number of respondents who either ticked Not Applicable or did not express an opinion by ticking any other response.

If this is a high proportion of the respondents it may be caused by:

· a problem with the understanding of the question;

· The question was only used in a single model in the survey project which was targeted at low numbers compared to the overall sample.

19.15 Percentage of Sample

Indicates the number of Returns when expressed as a percentage of the total number of returns.

Definition:

(Return / All Respondents) * 100

19.16 Period

Indicates the calendar dates used to select the chosen benchmark. This is normally the previous one or two academic years.

19.17 Provider Criteria

When you join QDP we will ask you to provide details of your organisation. Examples are:

· Inspection Grade

· Provider Size

· Provider Type

· Location

· Local Authority

· Geographical Region

· Stakeholder Partnership

19.18 Questionnaire Type

This is the chosen Questionnaire Type used within the All Returns.

However if different questionnaire models have been used for different groups then one of the questionnaire can be chosen.

19.19 Ranked By

The ranking is used to define the order of the League Table Reports.

Thus if the report is by course and Ranked by the questions asked within the Teaching & Learning section of the questionnaire, the course scoring the highest on the aggregation of all teaching and learning questions will be first down to the lowest scoring course.

19.20 Rating

Rating is a weighted percentage with the value of 0-100.

The rating provides a fair and honest reflection of the target groups perception, as it is based on accepting that 'Agree' is less than 'Strongly Agree'.

We have therefore devised a calculation that takes this into consideration:

· Each response of Strongly Agree scores a value of 1

· Each response of Agree scores a value of 0.5

· Each response of either Disagree or Strongly Disagree scores a value of 0.

The total score for Strongly Agree and Agree is then divided by the Flattened Total (i.e. all who answered either, Strongly Agree, Agree, Strongly Disagree or Disagree) and then multiply this by 100 to give a weighted percentage or 'The Rating'

Working Example:

The following answers are given for a question:

Strongly Agree 10

Agree 6

Disagree 2

Disagree Strongly 8

The Rating would be:

((10*1) + (6*0.5)) * 100 = 13 / 26 = 50

The Rating is:

· A valid summary of each issue;

· An equitable means of comparison, internally and externally;

· A target for planning and forecasting;

· A way of highlighting areas where learners only Agree to a statement. This highlights issues that may soon become areas of concern and should be addressed quickly.

19.21 Report By

The 'slice' of data covered by this report.

For example a particular course, faculty or site.

The slice may be further narrowed by the filter information.

19.22 Report Style

This is broken into a maximum of three elements:

1. The first element tells you the style of QDP report you are looking at.

2. The second element indicates the basis used for the figures within the report. There are two report calculation methods:

a. Rated - which uses a weighted percentage. This method is mainly used for internal comparison. Ratings are easier to improve over time than Agreement Percentages.

b. Agreement Percentage - which simply totals the level of agreement. This can used when providing information externally as it is more easily understood without explanation. However to gain a measurable improvement is much harder.

3. On some report styles it is possible to order the statements on the left hand side either into questionnaire order or in the order of a framework. Examples of frameworks are Common Inspection Framework (either English or Welsh), Every Child Matters or Investors in People.

19.23 Respondents

Shows the number of individual reply sheets that have contributed to the survey. In other words, the number contributors within the slice and with any filters applied.

Within a subject specific survey the number of respondents is calculated using each survey for each questionnaire.

Definition:

Total of all those who answered one or more questions including those who replied Not applicable.

19.24 Return

The number of reply sheets received for a particular cohort.

19.25 Return Count

The return count is used within the calculation of the agree % and the rating.

It is the total number of respondents that expressed an opinion. It excludes those who said the question was not applicable or who gave no answer.

Definition:

The count of all those expressing an opinion. Normally the count of the Strongly Agree, Agree, Disagree and Strongly Disagree.

Return Count = (count of Strongly Agree) + (count of Agree) + (count of Disagree) + (count of Strongly Disagree)

19.26 Summary Rating

Summary Rating is a score with difference for each section heading.

19.27 Targeted

Indicates the number of respondents targeted for a particular cohort.

This will not be accurate where a generic feedback code is being used as, by its very nature, the targeted number cannot be identified.

19.28 Yield

The number completing the survey expressed as a percentage of the number targeted to complete the survey.

This can be used to target areas where poor completion is being achieved. The yield will be shown in red when it falls below the Low Yield Level shown at the top of the report.

Definition:

(Return / Targeted) * 100

20 Data Sharing and Processing Agreement

You the Customer is the Data Controller and agrees to share the Personal Data with The Data Processor, QDP Services Ltd (QDP), Windsor House, Royal Court, Macclesfield SK11 7AE on terms set out in this Agreement.

The Data Processor agrees to use the Personal Data within the EEA on the terms set out in this Agreement.

Agreed terms:

20.1 Interpretation

The following definitions and rules of interpretation apply in this agreement.

Definitions:

· The Act: the Data Protection Act 1998, as amended from time to time.

· Agreed Purpose: has the meaning given to it in clause 20.2 of this Agreement.

· The Agreement: this Agreement.

· Business Day: a day other than a Saturday, Sunday, public holiday or QDP Christmas closure day in England when banks in London are open for business.

· Data Protection Authority: the relevant data protection authority is The Information Commissioner, established under section 6 of the Data Protection Act 1998.

· Data Security Breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Shared Personal Data.

· The GDPR: theGeneral Data Protection Regulation (EU 2016/679) as amended from time to time.

· The Parties: means QDP and the Customer.

· Privacy and Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) (as amended), the Human Rights Act 1998, the European Convention on Human Rights, as from 25 May 2018 the General Data Protection Regulation (EU 2016/679) and all applicable laws and regulations relating to the processing of the personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner, and the equivalent of any of the foregoing in any relevant jurisdiction. References to legislation include any amendments made to those laws from time to time.

· The Personal Data: the personal data and sensitive personal data detailed in clause 20.5 of this Agreement.

· The Services: the services described in Schedule 1.

· Term: The term of this agreement will be the period covered by the Customer’s licence to use QDP’s SurveyManager.

Data Controller, Data Processor, Data Subject, Personal Data, Sensitive Personal Data and Processing shall have the meanings given to them in The Act and amended within The GDPR.

Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.

The schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the schedules.

Unless the context otherwise, requires, words in the singular shall include the plural and in the plural shall include the singular.

A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

References to clauses and Schedules are to the clauses and Schedules of this agreement and references to paragraphs are to paragraphs of the relevant Schedule.

Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

In the case of any ambiguity between any provision contained in the body of this agreement and any provision contained in the Schedules or appendices, the provision in the body of this agreement shall take precedence.

A reference to writing or written includes letter, fax and email.

20.2 Compliance with data protection laws

2.1 The Parties acknowledge that the Customer is a Data Controller and QDP is a Data Processor when processing personal data under the terms of the Agreement. Each Party must ensure compliance with the Privacy and Data Protection Legislation at all times during the Term of the Agreement.

20.3 Use, disclosure and publication

3.1 The Data Processor agrees to process the Personal Data, as described in clause 5, only for the purposes outlined in clause 4 of the Agreement and strictly for no other purpose without the written authority of the Data Controller.

3.2 The Data Processor will NOT disclose or share the Personal Data processed under the Agreement, with any third party without the written authority of the Data Controller.

3.3 The Data Processor will not publish, copy, transfer or duplicate any information without the written authority of the Data Controller except as described in clause 5 of the Agreement.

20.4 Purpose

4.1 The Agreement sets out the framework for the sharing of Personal Data between the Data Controller. It sets out the purposes for which the Personal data may be processed by the Parties, the principles and procedures that the Parties shall adhere to, and the responsibilities the Parties owe to each other.

4.2 The Parties consider this data sharing initiative necessary in order for the Data Processor to deliver The Services. Schedule 1 to the Agreement provides a detailed outline of The Services and how the personal data will be processed to deliver those services.

4.3 The Data Processor agrees to only process the Personal data in accordance with the Data Controller’s instructions, and only for the purposes of providing The Services as described in Schedule 1. The Parties shall not process Personal Data in a way that is incompatible with the purposes described in this clause (the Agreed Purpose).

4.4 Each party shall appoint a single point of contact (SPoC) who will work together to reach an agreement with regards to any issues arising from the data sharing and to actively improve the effectiveness of the data sharing initiative.

20.5 Personal data

5.1 The Personal Data processed under the Agreement may comprise of one of more of the following:

a) Details used to target an individual who is going to complete a survey. For example, name and unique user id.

b) Details of an individual either provided in the targeting information or gathered within the questionnaire which will be used within the reporting. For example, age, gender, ethnicity, religion and job role.

c) Free text question answers where names have been mentioned by respondents

5.2 The Volumes of such data held for targeting and reporting purposes is at the discretion of the Data Controller. The Personal Data provided with the free text depends on the number of free text questions asked and the number of times particular names are used. QDP’s standard questionnaire will always ask the respondent not to mention other individuals by name.

5.3 The Parties agree that the Personal Data processed under the Agreement must not be irrelevant or excessive with regard to the Agreed Purposes set out in Clause 4.

20.6 Fair and lawful processing

6.1 Each Party shall ensure that it processes the Personal Data fairly and lawfully in accordance with thePrivacy and Data Protection Legislation during the Term of theAgreement. Further, the Data Controller shall ensure that the processing satisfies an appropriate condition under Schedule 2 and where relevant Schedule 3 of the Act and any further consent required by the GDPR.

20.7 Data subjects' rights

7.1 Data Subjects have the rights in relation to their personal data under the Privacy and Data Protection Legislation. Those rights include:

d) The right to be informed

e) The right of access

f) The right to rectification

g) The right to erasure

h) The right to restrict processing

i) The right to data portability

j) The right to object

k) Rights in relation to automated decision making and profiling

7.2 To facilitate the above rights, the Data Processor agrees to store or record the Personal Data processed under the Agreement in a structured, commonly used and machine readable form.

7.3 The Data Processor agrees to notify the Data Controller immediately and no later than 48 hours upon receipt by the Data Processor of a request from an individual seeking to exercise any of their rights under the Privacy and Data Protection Legislation, including those rights as described in clauses 7.1 above. The Data Processor agrees to notify the Data Controller immediately and no later than 2 working days upon receipt of any complaint from an individual regarding the processing of Personal Data under the Agreement. The Data Processor will provide the Data Controller with full co-operation and assistance in relation to any such complaint or request from an individual regarding the Processing of Personal Data under this Agreement.

7.4 The Data Processor agrees to act only under the Data Controller’s instructions in relation to any activities undertaken to resolve any complaints or comply with any requests from individuals under clause 7.

7.5 The Data Processor’s will maintain a record of requests or complaints from data subjects seeking to exercise their rights under the Privacy and Data Protection Legislation, including requests for Personal Data processed under this Agreement. The records described in this clause must include copies of the request for information or complaint, details of the data accessed and shared and where relevant, notes of any meeting, measures taken by the Data Processor to resolve the complaint, correspondence or phone calls relating to the request or complaint.

20.8 Data retention and deletion

8.1 The Data Processor shall retain and process the Personal Data as described in Schedule 1.

8.2 On the instructions of the Data Controller, the Data Processor shall ensure that the Personal Data processed under this Agreement are returned to the Data Controller or destroyed in accordance with the Data Controller’s instructions. The Data Controller has the right to issue instructions to the Data Processor under this Clause at any time. The Personal Data will be destroyed in the same manner as described in Schedule 1.

8.3 Following the deletion of Personal Data under clause 8.1 and 8.2, the Data Processor will notify the Data Controller that the Personal Data in question has been deleted.

20.9 Third party access and international transfers

9.1 The Data Processor shall not disclose or transfer the Personal Data to a third party without the prior written authorisation of the Data Controller. If the Data Controller authorises the disclosure of the Personal Data to a third party, the Data Processor agrees to enter into an information sharing agreement with any relevant third party which reflects the terms of the Agreement. The Data Processor agrees to provide the Data Controller with copies of any such information sharing agreement with a third party. The Data Controller reserves the right of approval of any such information sharing agreement and may request the Data Processor to make any amendments deemed necessary to such an agreement to ensure compliance with the Privacy and Data Protection Legislation.

9.2 The Data Processor will not disclose or transfer the Personal Data to a third party located outside the EEA without the prior written authorisation of the Data Controller.

20.10 Security and training

10.1 The Data Processor agrees to implement appropriate technological and organisational measures to prevent:

a) unauthorised or unlawful processing of the Personal Data;

b) the accidental loss or destruction of, or damage to, the Personal Data

Ensure a level of security appropriate to:

c) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage;

d) the nature of the Personal Data to be protected.

10.3 QDP has implemented the following technological and organisational security measures:

a) All data is held on secure servers within the United Kingdom which are protected by appropriate firewalls;

b) All passwords held are encrypted;

c) All staff are fully aware of their responsibilities associated with Privacy and Data Protection Legislation.

d) All Personal Data will be removed when and as described in Schedule 1.

10.4 The Data Processor agrees to notify the Data Controller of any material change to the measures as described in Schedule 3.

10.4 It is the responsibility of each Party to ensure that its staff members are appropriately trained to handle and process the Personal Data in accordance with the technical and organisational security measures set out in Clause 10.3 together with any other applicable national data protection laws and guidance.

20.11 Freedom of information

11.1 The Data Processor recognises that the Data Controller may be a public authority for the purposes of the Freedom of Information Act 2000 and may be required to disclose information about the Agreement, the services provided by the Data Processor under the Agreement and the processing carried out under the Agreement. The Data Processor agrees to provide any reasonable assistance to the Data Controller as is necessary to enable the Data Controller to comply with its obligations under the Freedom of Information Act 2000.

20.12 Data security breaches and reporting procedures

12.1 The Data Processor is under to a strict obligation to immediately notify the Data Controller of any Data Security Breach and no later than within one working day of the Data Processor becoming aware of the breach.

12.2 The Data Processor agrees to provide any reasonable assistance as is required by the Data Controller or the Data Protection Authority to facilitate the handling of any Data Security breach in an expeditious and compliant manner.

20.13 Resolution of disputes with data subjects or the Data Protection Authority

13.1 In the event of a dispute or claim brought by a Data Subject or the Data Protection Authority concerning the processing of Personal Data against either or both parties, the Parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.

a) The Parties agree to respond to any generally available non-binding mediation procedure initiated by a Data Subject or by the Data Protection Authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The Parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.

b) Each Party shall abide by a decision of a competent court of the Data Controller’s country of establishment or of the Data Protection Authority in the Data Controller’s country of establishment.

20.14 Third party rights

14.1 Except as expressly provided in clause 7 (data subjects rights), a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

20.15 Severance

15.1 If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

15.2 If either Party gives notice that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

20.16 Changes to the applicable law

16.1 In case the applicable data protection and ancillary laws change in a way that the Agreement is no longer adequate for the purpose of governing lawful data sharing exercises, the Data Controller reserves the right to amend the Agreement. In such circumstances, the Data Processor agrees to use its best endeavours to implement any changes to its processing activities as are necessary to comply with the amended terms of the Agreement.

20.17 No partnership or agency

17.1 Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

20.18 Entire agreement

18.1 The Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

a) Each Party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.

b) Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Agreement.

20.19 Rights and remedies

19.1 The rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

20.20 Notice

20.1 Any notice or other communication given to a Party under or in connection with this Agreement shall be in writing and shall be:

a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

b) sent by email.

20.2 Any notice or communication shall be deemed to have been received:

a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service;

c) if sent by fax or email, at 9.00 am on the next Business Day after transmission.

20.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution

20.21 Governing law

21.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

21.2 This agreement has been entered into on the date stated at the beginning of it.

21 Schedule 1 – The Services

1. The Personal Data held is described in Clause 5 above.

2. The Data Deletion Date will be between 2 months and 3 months after the last set of reports have been run or the survey has been deleted whichever is the sooner.

3. When transferring data containing Personal Data, for example target lists, it will be password protected and the password will be shared via a different communication method. For example a target lists may be emailed and the password shared by phone.

4. Within questionnaires where names are mentioned it is the responsibility of the Data Controller to ensure they are blocked out once the survey has been completed. Where names are included by means of merge fields from the target list these will be overwritten as described by the Data Processor on the appropriate Data Deletion Date.

5. Where a target list contains identifying Personal Data, for example name or unique student Id, these will be overwritten with the word Removed on the Data Deletion Date.

6. All free text question text will be removed on the Data Deletion Date.

7. It is the Data Controllers responsibility to ensure all reports produced comply with the Privacy and Data Protection Legislation.

8. When producing reports the data is transferred from the SurveyManager secure server to our own, office based secure server. This copy and a copy of the reports produced will dealt with in the same way as the SurveyManager copy.

9. When additional services are requested by SurveyManager Customers, for example checking comments or printing questionnaires, the Services are described in the section below.

10. If paper questionnaires are processes by QDP they may contain references to names and should therefore be securely wrapped when returned by courier or post and QDP should notify of despatch to ensure we can notify the Customer if any go astray.

11. When processing paper questionnaires QDP scan them and hold an image of the paper and snippet images of the comments on their office secure server. These will be removed on the Data Deletion Date.

12. When QDP type paper comments the snippet image of the comment is transferred between the office secure server and an external secure server where they are processed by being viewed and typed over the internet. This copy will be removed on the Data Deletion Date.

13. Where QDP are asked to check comments gathered online these are transferred and processed as above.

14. All free text question text will be removed on the Data Deletion Date.

22 QDP’s Survey Manager Terms of Use

22.1 GENERAL

Please read these Terms of Use carefully. They govern your use of QDP’s Survey Manager and your relationship with QDP Services Limited (“QDP”) whose offices are at Suite 1 Bailey Court, Green Street, Macclesfield SK10 1JQ. Set out below are the terms and conditions under which QDP makes available its web based questionnaire management tool – QDP’s Survey Manager to each person or entity (each a "Customer").

These Terms of Use, together with any and all other terms, rules or procedures published on QDP’s Survey Manager from time to time and related to Customer's use of QDP’s Survey Manager (together, this "Agreement"), each as updated from time to time by QDP, constitute a binding, legal agreement between QDP and Customer.

By using QDP’s Survey Manager you agree to, and are bound by, this Agreement. If you do not agree with any of the terms of this Agreement, do not access or use QDP’s Survey Manager or any information contained within it.

QDP may make changes to the materials and services offered within QDP’s Survey Manager at any time. QDP can change the terms of this Agreement at any time. If QDP changes the terms of this Agreement, QDP will post an updated set of Terms of Use on QDP’s Survey Manager and will send registered Customers an email notice of the changes in advance of implementing them.

If any modification is unacceptable to you, you shall cease using QDP’s Survey Manager and be able to terminate your Licence. If you do not cease using QDP’s Survey Manager, you will be deemed to have accepted the change.

22.2 1. Legal Status

Each Customer hereby warrants that if it is a corporation or other legal entity, Customer is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement and, if an individual, Customer is of the age of majority in his or her place of residence.

22.3 2. Licences and Payment

2.1. If Customer purchases a Licence or is granted a free Licence to use QDP’s Survey Manager (“Licence”), Customer shall pay all fees, as applicable, to QDP as well as VAT and any other applicable taxes, as published in QDP Price Guide and available on QDP’s Survey Manager. QDP may change such fees at any time and at its sole discretion, provided that any such change shall become effective at the end of the current term of Customer's Licence. QDP will provide Customer with at least 60 days prior notice of any change in fees to allow Customer to cancel their Licence prior to the end of the current term.

2.2. By granting of a Licence QDP will create an account (“Account”) on QDP’s Survey Manager for use by Customer. Each account allows unlimited usage of QDP’s Survey Manager for the licence period agreed and/or charged.

2.3. The Licence is on a continuous service basis. This means that, subject to the terms and conditions of this Agreement, QDP shall automatically renew Customer's Licence at the end of its term unless Customer's Licence is cancelled by giving 30 days’ notice in writing, by email or by using the Contact Us page within QDP’s Survey Manager or on any of QDP’s web sites. Customer will be charged a renewal rate equal to the rate for the immediately preceding Licence, unless QDP has notified Customer of any new rate in advance. A cancellation of a Licence requested by Customer will become effective on the date that the current Licence period expires.

22.4 3. Additional Fees and Payment

22.5 4. QDP Materials

Certain content and information provided as part of QDP’s Survey Manager, including, without limitation, documents, graphics and images that are not Customer Content (as defined below) (collectively, the "QDP Materials") are provided to you by QDP and are the copyrighted and/or trademarked work of QDP or QDP's contributors. QDP grants you a limited, personal, non-exclusive and non-transferable license to use and to display the QDP Materials solely for your personal use in connection with QDP’s Survey Manager.

Except as expressly permitted in this Agreement, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the QDP Materials in any manner. This Licence terminates automatically, without prior notice to you, if you breach any term of this Agreement. Except for the limited rights granted by this Agreement, you acknowledge that you have no right, title or interest in or to any QDP Materials.

22.6 5. Customer Content

5.1. Customer acknowledges and agrees that:

(a) all survey questions, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated, submitted or transmitted by Customer or respondents of Customer's surveys through QDP’s Survey Manager (collectively, "Customer Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Customer Content originated,

(b) Customer, and not QDP, is responsible for all Customer Content that Customer or respondents of Customer's surveys upload, post, email, distribute, communicate, or otherwise make available using QDP’s Survey Manager or that is otherwise made available through the use of Customer's Licence, whether or not authorized by Customer,

(c) by using QDP’s Survey Manager, Customer may be exposed to Customer Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and

(d) by communicating or transmitting any Customer Content using QDP’s Survey Manager, Customer grants to QDP an irrevocable, non-exclusive, royalty-free and worldwide license to use such Customer Content for the purpose of operating QDP’s Survey Manager, and Customer warrants to QDP that it has the right to grant such license for such purposes.

5.2. Customer further acknowledges and agrees that QDP does not control the Customer Content originating from Customer, respondents to Customer's surveys or other Customers of QDP, and does not guarantee the accuracy, integrity or quality of such Customer Content. Notwithstanding the foregoing, QDP may, but is not obligated to, review all Customer Content and block, modify, terminate access to, or remove any such Customer Content that QDP, in its sole discretion, considers being non-compliant with any of the requirements of this Agreement.

5.3. QDP reserves the right to purge Customer Content over 5 years old from its databases at any time and from time to time without notice. Where a Customer terminates their use of QDP’s Survey Manager QDP will retain Customer Content for a minimum period of 1 year before deletion. QDP shall not be liable for any purging, deletion or failure to retain any such Customer Content.

5.4. QDP may disable Customer's Account and Customer's access to QDP’s Survey Manager and QDP may recover from Customer any losses, damages, costs or expenses incurred by QDP resulting from or arising out of Customer's non-compliance with any provision of this Agreement.

5.5. Customer may use and modify all template content (“Templates”) provide as part of QDP’s Survey Manager. QDP do not warrant the accuracy or applicability of any of Templates and once used forms part of Customer Content.

22.7 6. Customer Conduct

In connection with Customer's use of QDP’s Survey Manager, and without limiting any of Customer's other obligations under this Agreement or applicable law, Customer:

(a) shall comply with all local and international laws and other rules, regulations, policy and procedures applicable to Customer relating to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property, data protection, privacy, or child protective email address registries, to which Customer may be bound that are related to Customer's use of QDP’s Survey Manager;

(b) shall not upload, post, email, distribute, communicate, transmit or otherwise make available any Customer Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party, (iii) that Customer does not have the right to make available by reason of any law or any other relationship, or (iv) that comprises or includes any "junk mail", "spam", "chain letters", "pyramid schemes", or any similar form of solicitation;

(c) shall not use QDP’s Survey Manager to send surveys, polls, or other materials to individuals under the age of majority in his or her place of residence ("Minors") unless Customer is permitted to do so under all applicable laws, or to harm minors in any way, and shall not send surveys, polls, or other materials to Minors that would subject QDP to any local or international law, rule or regulation governing children's privacy, rights of personality or otherwise related to protecting minors;

(d) shall not impersonate any other person or entity, including QDP, or a QDP official;

(e) shall, if Customer uses the Services to send a survey using email, not mislead the recipients of that survey that Customer may have the ability to associate individual responses to that survey with the individual email addresses to which that survey was sent by stating that Customer has no such ability. QDP recommends that such Customers' surveys include the following notice:

"Please be advised that your responses to this survey may not be treated as anonymous by the survey sender."

(f) shall not interfere with or disrupt QDP’s Survey Manager or servers or networks connected to QDP’s Survey Manager, or disobey any requirements, procedures, policies, or regulations of networks connected to QDP’s Survey Manager;

(g) shall not engage in excessive usage of QDP’s Survey Manager, as determined by QDP in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the QDP’s Survey Manager, or disrupts the availability of the QDP’s Survey Manager for other Customers;

(h) shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with QDP’s Survey Manager in any manner;

(i) shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, or QDP’s Survey Manager; and

(j) shall not upload survey links to message boards or newsgroups that are not relevant to the subject matter of the survey, or that prohibit such uploading without QDP's prior written consent.

Customer further acknowledges and agrees that QDP may cooperate with any governmental authority in connection with any investigation into Customer's use of QDP’s Survey Manager, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any Customer Content, and any other information pertaining to the Customer or to Customer's use of QDP’s Survey Manager, to such governmental authority in connection with any such investigation.

22.8 7. Indemnity by Customer

Customer shall indemnify, defend and hold harmless QDP, its affiliates, and their respective directors, officers, employees, servants and agents from and against all claims, demands, damages, liabilities and costs (including legal fees on a full indemnity basis) arising out of or in connection with:

(a) Customer's use of QDP’s Survey Manager, including Customer's use of or reliance on any information or materials (including survey or poll results or responses) obtained through the use of QDP’s Survey Manager,

(b) any other use of the Services by a third party using Customer's Account (whether or not authorised by Customer),

(c) Customer's breach of this Agreement, including any of Customer's representations and warranties under this Agreement, or

(d) Customer's contravention of any law applicable to Customer.

22.9 8. Termination

8.1. This Agreement shall automatically become effective upon Customer's first use of QDP’s Survey Manager, and continue indefinitely until it is terminated.

8.2 With respect to Customers in the United Kingdom who are dealing as consumers (as defined by the U.K. Electronic Commerce Regulations 2002 and the Consumer Protection (Distance Selling) Regulations 2000) ("U.K. Consumers"), U.K. Consumers shall have the right to cancel this Agreement within seven (7) working days from the date of the day following the day the U.K. Consumer has entered into this Agreement by providing written notice of cancellation to QDP.

8.3. QDP may cancel Customer's Account (if Customer has one) and automatically terminate this Agreement immediately by notice to Customer in the event that Customer breaches any of Customer's representations, warranties, or obligations under this Agreement (including any of Customer's obligations under Section 5 (Customer Content)) or contravenes any applicable law.

8.4. Customer may cancel Customer's Account (if Customer has one) and terminate this Agreement by written notice to QDP in the event that QDP materially breaches any of its obligations under this Agreement, if such breach is not cured within sixty days of QDP's receipt of notice of breach from such Customer.

8.5. Upon termination of this Agreement for any reason, Customer shall immediately cease all use of QDP’s Survey Manager, and Customer acknowledges and agrees that QDP may, in its sole discretion, take any measures QDP reasonably deems necessary or desirable to prevent further use by Customer of QDP’s Survey Manager, including by blocking Customer's IP address. Customer further acknowledges and agrees that upon termination of this Agreement, QDP shall not be obliged to retain any Customer Content (including survey or poll results or responses) or to provide the same to Customer, but may elect to do so in its sole discretion.

8.6. Termination of this Agreement for breach as defined in Section 8.3 (Termination) above shall not entitle Customer to a refund of any unearned Licence fees previously paid by Customer.

The following will survive this agreement:

(a) all of Customer's representations, warranties and indemnities given under this Agreement;

(b) all disclaimers of warranties, and limitations and exclusions of liability; and

(c) the last sentence of Section 4 (QDP Materials), and each of Sections 5 (Customer Content), 7 (Indemnity by Customer), 8.4 (Termination), 8.5 (Termination), 8.6 (Termination), 10 (Limitations and Exclusions of QDP's Liability), 11 (Intellectual Property Rights), and 13 (General).

22.10 9. Provision of QDP’s Survey Manager

9.1. QDP reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, QDP’s Survey Manager or any part thereof, or Customer's access thereto, and to modify, suspend or delete QDP’s Survey Manager or any part thereof, and QDP will use commercially reasonable efforts to provide reasonable advance notice of changes that significantly impact QDP’s Survey Manager in a negative manner. In the case of changes that significantly impact QDP’s Survey Manager in a negative manner, Customer is entitled to cancel Customer's Licence, if any. Customer acknowledges and agrees that QDP shall not be liable to Customer, or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Site.

9.2. Without limiting Section 9.1 (Provision of QDP’s Survey Manager), if Customer engages in excessive usage of QDP’s Survey Manager (as described in Section 6(g) (Customer Conduct)), QDP may take such action as it considers necessary to prevent such excessive usage and to restore the availability of QDP’s Survey Manager to other Customers, including by limiting or suspending Customer's access to QDP’s Survey Manager, or by cancelling Customer's Licence and terminating this Agreement.

9.3. Customer acknowledges and agrees that QDP’s Survey Manager is provided "as is" and "with all faults," and that, QDP has no responsibility or liability for the loss or deletion of, or failure to receive, process, or store any Customer Content (including survey or poll results or responses) maintained or transmitted using QDP’s Survey Manager.

9.4. Customer acknowledges and agrees that the information, software, products, and services contained in or available through QDP’s Survey Manager, including information, software, products and services made available by other Customers of QDP’s Survey Manager, may include inaccuracies or errors.

9.5. Customer further acknowledges and agrees that Customer, and not QDP, is responsible for evaluating the accuracy, reliability, completeness, and usefulness of any information obtained through the use of QDP’s Survey Manager.

9.6. QDP makes no representations or warranties regarding the suitability, reliability, availability, timeliness, quality, or lack of viruses, or other harmful components of QDP’s survey manager, or the accuracy of such information, software, products and services.

9.7. To the fullest extent permitted by applicable law, QDP, its affiliates, and their respective directors, officers, employees, servants and agents hereby disclaim all warranties, express or implied, with regard to such information, software, products or services, including any warranty of non-infringement of third party rights, and the implied warranties of merchantability and fitness for purpose.

22.11 10. LIMITATIONS AND EXCLUSIONS OF QDP'S LIABILITY

10.1. In no event shall QDP, its affiliates, or their respective directors, officers, employees, servants or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever, including damages for lost profits, lost revenue, loss of use or data, or costs of cover, arising out of or in any way connected with this agreement, whether based on contract, tort, strict liability or any other legal theory, even if QDP has been advised of the possibility of such damages, including damages arising out of:

(a) the use or performance of, the delay in providing, the failure to provide, or the inability to use, QDP’s Survey Manager, or

(b) any information, software, products or services contained in or available through QDP’s Survey Manager, including information, software, products and services made available by other customers of QDP’s Survey Manager.

Customer specifically agrees that QDP, its affiliates, and their respective directors, officers, employees, servants and agents shall not be liable for:

(c) unauthorized access to or alteration of any transmissions or data, any material or data sent or received or not sent or not received, or any transactions entered into through QDP’s Survey Manager or in reliance upon any information obtained through the use of QDP’s Survey Manager,

(d) any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of a third party's rights, including intellectual property rights, or

(e) any content sent using, or included in, QDP’s Survey Manager by any third party.

If customer is dissatisfied with any portion of QDP’s Survey Manager, customer's sole and exclusive remedy is to terminate this agreement and discontinue using QDP’s Survey Manager.

10.2. In the event that, notwithstanding the foregoing exclusions of liability, QDP, any of its affiliates, or any of their respective directors, officers, employees, servants or agents is liable to customer for any amounts under this agreement under any theory of recovery, whether based on contract, tort, strict liability or otherwise, QDP's (or such affiliates', director's, officer's, employee's, servant's or agent's, as applicable) total liability in respect of such amounts shall not exceed the greater of:

(a) the amount of one hundred pounds sterling (£100.00), and

(b) the amounts actually received by QDP from customer under this agreement within the previous 12 months.

10.3. Nothing in sections 10.1 and 10.2 of the agreement shall limit QDP's or its affiliates' or their respective directors', officers', employees', servants', or agents' liability for: (a) death or personal injury caused by negligence (as such term is defined in the unfair contract terms act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.

10.4. Customer acknowledges and agrees that without the foregoing exclusions and limitations of liability, QDP would not be able to offer QDP’s Survey Manager, and that such exclusions and limitations of liability shall apply, even if they would cause customer's remedies under this agreement to fail of their essential purpose.

22.12 11. Intellectual Property Rights

QDP’s Survey Manager and all information and screens appearing on QDP’s Survey Manager, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of QDP Services Limited, its affiliates, or its third party licensors. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. QDP reserves all rights in QDP’s Survey Manager that are not expressly granted. Nothing in this Agreement shall be deemed to assign or transfer to Customer any rights to any such intellectual property. Customer further acknowledges and agrees that QDP Materials and other content made available to Customer through the Services may be subject to the intellectual property rights of third parties.

22.13 12. Privacy Policy

Your use of this Site is governed by the QDP privacy policy. You agree that you are responsible for notifying the respondents of surveys that you create through QDP’s Survey Manager about how QDP may use the respondents' survey responses as described in the Privacy Policy.

22.14 13. General

13.1. QDP may provide references, frames or hyperlinks to internet websites maintained by third parties. QDP does not warrant that it has reviewed such third party websites and makes no claims, representations or warranties regarding such third party websites or the contents of the same. QDP is not responsible for, nor does it endorse or recommend, any products or services provided by such third parties through such third party websites or by any other means.

13.2. Customer acknowledges and agrees that Customer, and not QDP, is responsible for determining which laws may apply to Customer's use of QDP’s Survey Manager and assessing Customer's obligations under such laws.

13.3. QDP is registered with the Information Commissioner for marker research purposes. Registration number Z9243582.

13.4. All notices and other communications required or permitted to be given by QDP to Customer under this Agreement will be deemed to be properly given on the date when:

a) posted on QDP’s Survey Manager,

b) sent by email to the email address for Customer last recorded by QDP, or

c) sent by postal mail to the postal address for Customer last recorded by QDP.

Customer may give notices to QDP under this Agreement by email to support@qdpservices.co.uk

13.5. This Agreement comprises the entire agreement between QDP and the Customer relating to QDP’s Survey Manager. Both Customer and QDP confirm that they have not relied upon, and shall have no remedy in respect of, any agreement, warranty, statement, representation, understanding or undertaking made by any party (whether or not a party to this Agreement) unless that agreement, warranty, statement, representation, understanding or undertaking is expressly set out in this Agreement.

13.6. The use of the terms "includes" and "including", and similar terms, shall be deemed not to limit what else might be included.

13.7. This Agreement shall be governed by the laws of England. Customer may not assign this Agreement without QDP's prior written consent, which may be withheld in QDP's sole discretion.

13.8. QDP may assign this Agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization in which QDP participates or to the purchaser of all or substantially all of QDP's assets to which QDP’s Survey Manager relates.

13.9. In any dispute arising out of this Agreement, the substantially prevailing party shall be entitled to payment of its reasonable legal fees and costs.

QDP IS THE PUBLISHER OF QDP’S SURVEY MANAGER. THE HOST OF QDP’S SURVEY MANAGER IS RACKSPACE.

Wording used	Colour code	Description	Explanation
Very poor	Red	in the bottom fifth of return rates	you are in the lowest 20% of return rates achieved
Poor	Yellow	is in the fourth fifth of return rates	60% of demonstration organisations achieved a better return but, 20% of demonstration organisations achieved a worse return
Average	Grey	is in the middle fifth of return rates	40% of demonstration organisations achieved a better return but, 40% of demonstration organisations achieved a worse return
Good	Light green	s in the second fifth of return rates	20% of demonstration organisations achieved a better return but, 60% of demonstration organisations achieved a worse return
Very good	Dark green	is in the top fifth of return rates	you are in the top 20% of return rates achieved