easyfeedback provide, by means of their Website, an Internet-based online service, on the basis of which clients can prepare online questionnaires and can carry out Web-based online surveys. The following terms and conditions govern the availment of the service by the end client (hereinafter “client”).
§ 1 Scope of Application
The general business terms and conditions apply to all services provided by easyfeedback (irrespective of whether subject to charge or free of charge and regardless of scope) in respect to the usage of service.
The general business terms and conditions apply to the respective version in force. It also applies to the respective version in force of all future business relationships, even if these are not explicitly agreed to. The client is obliged to obtain information concerning the current terms and conditions prior to each order or contract extension. The general terms and conditions can be viewed at any time via Internet at http://www.easy-feedback.com.
The general terms and conditions apply exclusively. We do not recognize divergent conditions of the client unless we have explicitly agreed in written form to their validity.
§ 2 Service Description, Contract Completion
(1) The scope of performance is derived from the utilization model selected by the client at the time of application for the services included therein. The list of valid survey packages and thefree model-version can be called up at http://www.easy-feedback.com/prices.
(2) easyfeedback shall be entitled to change at any time, at their discretion, the scope of function of the service offered and, in particular, to extend and reformulate it. These changes do not represent grounds for notice of termination. The client shall be informed by email of any substantial changes.
(3) easyfeedback offers, in particular those which are presented on the Internet, are principally discretionary and non-binding, unless easyfeedback explicitly designates these as binding.
(4) When a client completes the order form on the website www.easy-feedback.com or in the client login, fully and truthfully, his/her offer is automatically submitted by sending to easyfeedback. The client then receives an electronic confirmation from easyfeedback. By way of this confirmation, easyfeedback accepts the client`s offer and the contract regarding service usage applicable to the herein listed business terms and conditions.
(5) After confirmation by easyfeedback, the client can use the service immediately. However, the possibility of publishing surveys will remain blocked until payment is received. With receipt of payment, the client will receive full access to all aspects of the service. If the client has opted for a tariff free of charge, no restriction of the service for this tariff will be imposed.
(6) easyfeedback shall be entitled to make the conclusion of the contract contingent on the provision of a written power of attorney, an advance payment, a guarantee declaration from a bank or other information or confirmations. easyfeedback reserves the right regarding individual cases, to reject the completion of a contract without reasoning.
(7) The contract is to be completed for the period specified in the survey package selected by the client and ends with the expiration of this period without the issue of notice being necessary. If the customer chooses a subscription model (Business or Company Package), the contract is concluded for an indefinite period of time and can be terminated by the customer by the next possible billing cycle via the customer login. Fees already paid will not be refunded.
§ 3 Prices, Price Changes, Payment Conditions
(1) The client is required to pay a utilization fee for service usage. The amount of the fee is determined according to the survey package selected by the client. All agreed prices are fixed prices.
(2) After registration and recording of the client for the service, easyfeedback shall issue the client with an invoice and mail by post or electronically. The invoices are payable immediately upon receipt, without deduction, unless an alternative payment term has been agreed.
(3) The price at which the contract is concluded shall remain valid for the duration of a period of usage and will not change for the client during this period. easyfeedback shall reserve the right to change the prices for the survey packages at any time, at their discretion. If a contract is extended, the previously agreed price shall lose validity. The contract will then be extended at the price valid for the respective tariff at the time of the extension.
§ 4 Client’s Obligations
(1) The client is not to make his/her user account accessible to third parties and must protect the access data and personal password against access by third parties.
(2) For security reasons, the client is required to change his password at regular intervals. The password can be changed online. If the client suspects that third parties are aware of his/her password, he/she is to change it immediately.
(3) If there is reasonable suspicion for believing that the client’s access is being used by a third party without entitlement, easyfeedback shall be entitled to block the client’s access to the service until this suspicion is resolved. In this event, the client will immediately be informed of the blocking and will receive new access data from easyfeedback as soon as the matter has been clarified.
(4) The client is to use the service exclusively for the purpose intended, that of conducting surveys. In particular, he/she must not misuse the service such as by sending advertising emails (spamming), junk mails, viruses, malware or other forms of damaging software, code or links.
(5) The client is not to use the service to a degree which goes beyond the average usage, in particular such that the server speed and stability are impaired with regard to utilization by other users.
(6) The client is prohibited, without expressed approval from easyfeedback to test or scan the system for weak spots.
(7) The client is solely responsible for the content which he publishes on the Internet or which is provided by easyfeedback for publishing or parts thereof. The client undertakes, in respect of the publication of content and/or the provision of content to easyfeedback for publication, to respect the provision of law, in particular the laws pertaining in Germany and worldwide for the protection of children and adolescences and copyright holders and for protection against terrorism and violence. The client is responsible for the respecting of the provisions applicable in Germany for the conducting of electronic business transactions.
(8) The client ensures, in respect of the entitled usage of the service by third parties, that these parties make use of the service responsibly and in accordance with the herein listed general business terms and conditions. easyfeedback shall not be liable for damages incurred by the client within the framework of the access and utilization possibilities made available to him/her by easyfeedback due to authorized or unauthorized use by third parties.
(9) The client is to keep the contract-relevant information deposited in his/her user account (e.g. name, address, email) constantly updated. The client is to provide an appropriate configuration menu for this purpose in his/her user account.
(10) The client is prohibited from sharing his access data for the use of easyfeedback with other parties, and thereby allowing them access to the system. In particular, it is not permissible to allow access to other persons with regard to the number of possible user accounts from the services of the survey package which are ordered in each case.
(11) The client is to keep easyfeedback and all employees of easyfeedback safe and harmless in respect of all and any claims by third parties relating to the infringement of rights due to the content published by the client on the Internet or provided to easyfeedback for publication or parts thereof. This includes, in particular, the obligation of keeping easyfeedback and/or easyfeedback employees safe and harmless in respect to third-party claims for damages or reimbursement and all costs of legal consequences (e.g. court and attorney costs).
(12) In the event of the client infringing his obligations, easyfeedback shall have the right to block the client’s user account at the client’s expense. In the event of grievous or repeated infringements by the client of his obligations, easyfeedback shall have the right to terminate the arrangement without notice. In the event of incorrect provided information at registration, or misuse of the service, easyfeedback reserves the right to delete the client account including all data, forthwith.
§ 5 Usage Rights
All services which the client obtains via easyfeedback within the scope of performance are intended exclusively for own use and purposes. Commercial use, in particular onward sale as a service (software as a service) is not permitted. Own marketing as a provider of online surveys with easyfeedback as a software solution is likewise not permitted with the services offered (survey packages) on www.easy-feedback.com. Additional terms and conditions and a separate license arrangement are required.
§ 6 Maintaining Secrecy, Data Protection, Storage
(1) In accordance with Article 33 of the Federal German Data Protection Law, easyfeedback is required to point out that personal data is stored. If required and unless the client explicitly contradicts this, this data may only be made available to third parties for the purpose of contract management. The client has the right to revoke his/her agreement at any time to the storage and use of personal data, with effect for the future.
(2) easyfeedback undertakes that the client’s data gathered during the surveys and the results of the surveys are not to be exploited for any purpose, nor made available to third parties.
(3) The foregoing paragraphs (1) and (2) applies inasmuch as easyfeedback is required by law to disclose such information to third parties in particular State authorities, for example for the pursuit of criminal proceedings.
(4) The client declares that he/she agrees to the referral of their name by easyfeedback in written or electronic form as a reference client with his/her company name. If particularly so wished, this may be revoked by an email and the immediate removal of the citation as reference client can be demanded.
§ 7 Data Backup, Deletion of Questionnaires and User Accounts
(1) easyfeedback carries out data backups every 24 hours, which are always to be regarded as current for the next 24 hours. Failure of data backup due to viruses or hacker attacks or for reasons not caused by gross or willful negligence on the part of easyfeedback, shall not provide ground for any claims by the client against easyfeedback.
(2) The client is required to backup the data gathered from the questionnaires or the results of surveys at regular intervals by way of “CSV Export.” The protective means required are to be implemented by clients themselves.
(3) easyfeedback explicitly calls attention to the fact that when a questionnaire is deleted and a user subordinated to the client is deleted, then the associated data will be deleted from the system.
(4) If the client has not requested an extension within 6 months after the term of the contract, easyfeedback shall be entitled to delete all data relating to the client, including all the users within a user account, all questionnaires and all results of surveys, irrevocably.
§ 8 Availability and Service Guarantee
(1) easyfeedback strives to provide 100% availability of service. Exceptions to this are the times at which the web server is not available due to technical or other problems, which are beyond the control of easyfeedback, such as instances of higher forces, third-party culpabilities, etc. In the event of attacks, easyfeedback is entitled to suspend the service for the period of the attacks. In the event of faults or interruptions, easyfeedback shall forthwith engage all reasonable measures to restore availability as rapidly as possible.
(2) easyfeedback guarantees that the service essentially fulfills its main functions. This guarantee does not extend to damages and/or disruptions that are caused due to client infringing provisions of this contract. If a shortcoming of the service occurs, then easyfeedback is entitled to provide subsequent fulfillment. In the event of at least two attempts at subsequent fulfillment failure, then the client is entitled to reduce the contract or withdraw entirely.
The guarantee obligation is temporally limited to the term of the respective contract.
(3) The client and easyfeedback agree that it is not possible with the present state of art to produce software which is free of defects for all conditions of application. The client shall inform easyfeedback in written form of any faults and describe the deficiencies precisely. In addition, the client is to make available, at the request of easyfeedback the data which the client used which led to the fault, as well as providing the co-operation required for the fault analysis and rectification in a suitable manner and free of charge for the continuation of the contract.
(4) In the event of costs caused due to deficiencies which are not due to shortcomings in the service provided by easyfeedback, then the client shall reimburse easyfeedback for the applicable costs.
§ 9 Liability
easyfeedback shall be liable for damages caused, willfully or negligently by employees, legal representatives or vicarious agents in accordance with the provisions of the law and without restriction. The same shall apply to damages arising from risk to life, limb, and health.
Provided that easyfeedback is not liable on the basis of a guarantee which has been undertaken, liability for the employees, legal representatives or vicarious agents in respect of damages due to minor negligence shall only be incurred inasmuch as this relates to infringement of substantial contractual obligations (cardinal obligations). Cardinal obligations are such contractual obligations of which the fulfillment is essential to the due and proper performance of the contract and the maintaining of which is a matter on which the contractual partner should be able to rely. In the event of liability for simple negligence that occurs thereafter, then this shall be limited to the reimbursement of the damages which are typically foreseeable for easyfeedback at the concluding of the contract. Inasmuch as liability is excluded or limited for easyfeedback, this exclusion or limitation shall also apply to easyfeedback employees, legal representatives or vicarious agents.
(2) The reimbursement of foreseeable and typical damages in accordance with Paragraph (1) consists as a rule of the renewal of the provision of the particular services concerned free of charge for the client.
(3) easyfeedback shall not be responsible for determining whether the questionnaire drafted by the client is suitable for fulfilling of the purpose sought by the client. easyfeedback shall likewise not be responsible for the survey achieving the success desired by the client, or reaching the number of survey participants intended by the client.
(4) In the event of onset of an instance of higher forces, easyfeedback shall not be responsible for the delay or rendering impossible of the services thereby incurred. The term higher forces undertakes the meaning of any unforeseeable events or such events which, even if foreseeable, are outside the scope of influence of easyfeedback and the effects of which on the fulfillment of the contract cannot be prevented by reasonable efforts by both contracting parties.
(5) The client is to keep easyfeedback safe and harmless in respect to all claims pursued by third parties against easyfeedback due to the infringement of their rights or due to infringements of rights due to the wrongful or abusive use of the service. The client must meet the costs of legal defense in this respect, in particular all attorney and court costs.
§ 10 Notice of Termination by easyfeedback
(1) The right of easyfeedback to issue a notice of termination of the contract for important reasons remains unaffected.
(2) Issue of notice of termination shall be required in written form in order to take effect.
(3) Active interference or prejudice to the service due to actions of the user shall lead to immediate termination without notice. In this case, easyfeedback shall reserve the right to pursue claims for compensatory damages against the user.
Germany: § 11 Right of Withdrawal
(1) Consumers (private parties and students) in appliance with Article 13 BGB (Civil Code) have the right to withdraw from the survey package ordered within two weeks by conclusion of the contract without further ado. The deadline period implies 14 days and begins with the contract conclusion (time stamp of the order for the survey package on the easyfeedback server). To implement the deadline, it is sufficient to send notice of withdrawal in textual form (letter, fax, email, etc.). Notice of withdrawal is to be sent to: contacteasy-feedback.com or faxed to: +49 40 605 336 419.
(2) If the client (consumer) has already taken use of easyfeedback, i.e.by having published a survey and/or having acquired participant results, then the right of withdrawal will be cancelled. In the event of withdrawal, easyfeedback shall reimburse the client (consumer) for payments already made.
(3) Every notice of withdrawal requires the written form in order to take effect; email or fax is herein applicable.
§ 12 Business address
§ 13 Choice of Law, Place of Fulfillment, Court of Jurisdiction
(1) The law of the Federal Republic of Germany applies with the exclusion of the UN purchasing law (CISG).
(2) Place of fulfillment and court of jurisdiction in respect of merchants, legal persons under public law or special funds under public law is the city Koblenz.
§ 14 Written Form
Any amendments or supplements to these general business terms and conditions require the written form in order to be effective. The waiver of the form is also required to be in written form.
§ 15 Language
The present general terms and conditions are originally written in the German language. If the translated version of the German differs in translation, then the German version applies under applicable law.
March 10, 2016