General Terms and Conditions for the Service of easyfeedback
easyfeedback provides an Internet-based online service via its website on the basis of which customers can create online questionnaires and conduct web-based online surveys. The following terms and conditions govern the use of the service by the end customer (hereinafter referred to as “customer”).
§ 1 Field of Application
The General Terms and Conditions apply to all services provided by easyfeedback (whether in return for payment or free of charge and regardless of their scope) in relation to the use of the easyfeedback service.
The General Terms and Conditions apply in their currently valid version. They also apply in their currently valid version for all future business relationships, even if they are not expressly agreed upon again. The customer is required to inform himself about the current GTC before each order or contract renewal. The GTC can be viewed on the Internet at https://easy-feedback.com at any time.
The General Terms and Conditions apply exclusively. We do not recognize deviating conditions of the customer, unless we have expressly agreed to their validity in writing.
§ 2 Description of Services, Conclusion of the Contract
(1) The scope of services results from the usage model selected by the customer at the time of registration. The list of valid survey tariffs and the free-of-charge free model can be found at https://easy-feedback.com/pricing/.
(2) easyfeedback is entitled to change the scope of the offered functionality of the service at any time at its own discretion, in particular to expand and redesign it. These changes do not constitute grounds for termination. The customer will be informed of significant changes by email.
(3) The offers of easyfeedback, in particular those presented on the Internet, are generally subject to change and non-binding unless easyfeedback expressly designates them as binding.
(4) By completely and truthfully filling out the order form on the website https://easy-feedback.com or in the customer login and sending it to easyfeedback, the customer submits its offer. The customer will then receive an electronic confirmation from easyfeedback. With this confirmation, easyfeedback accepts the customer’s offer and the contract for the use of the service is concluded in accordance with these terms and conditions. After confirmation by easyfeedback, the customer can use the service immediately.
(5) easyfeedback may make the conclusion of the contract dependent on the submission of a written power of attorney, an advance payment, a letter of guarantee from a bank or other information or confirmation. easyfeedback reserves the right to refuse to conclude a contract in individual cases without giving reasons.
(6) The contract is concluded for the period of time specified in the survey tariff selected by the customer and ends upon the expiration of this period of time without the need for a notice of termination. If the customer selects a subscription model, the contract shall be concluded for an indefinite period of time and may be terminated by the customer via the customer area as of the next possible billing cycle. Fees already paid will not be refunded.
§ 3 Pricing, Price Changes and Terms of Payment
(1) The customer shall pay a usage fee for the use of the Service. The amount of the usage fee is determined by the survey tariff selected by the customer. All agreed prices are fixed prices.
(2) After the customer has registered or logged in to the service, easyfeedback will issue an invoice to the customer and send it by mail or electronically. The invoices are due for payment immediately and without deduction upon receipt unless a different payment period has been agreed.
(3) The price at which the contract is concluded remains valid for the duration of a usage period and does not change for the customer during this period. easyfeedback reserves the right to change the prices for the survey tariffs at any time at its own discretion. In the event of a contract extension, the previously agreed price loses its validity. The contract is then extended at the price that is valid for the respective tariff at the time of the extension.
§ 4 Obligations of the Customer
(1) The customer must not make his user account accessible to third parties and must protect the corresponding access data and the personal password from access by third parties.
(2) The customer must change his password at regular intervals for security reasons. He can change the password online. If the customer suspects that third parties have knowledge of the password, he must change it immediately.
(3) If there is sufficient suspicion that the customer’s access is being used by a third party without authorization, easyfeedback may block the customer’s access to the service until the suspicion is rebutted. In this case, the customer will be informed immediately about the blocking and will receive new access data from easyfeedback as soon as the incident has been clarified.
(4) The customer may only use the service for the intended purpose of conducting surveys. In particular, the customer may not misuse the service, e.g. send advertising emails (spamming), junk mail, viruses, malware or other types of harmful software, code or links.
(5) The customer may not use the service to an extent that goes far beyond the average use, in particular by impairing the server speed and stability of other users in their use.
(6) The customer is prohibited from testing or scanning the system for vulnerabilities without the express permission of easyfeedback.
(7) The customer is solely responsible for the content of the content published by it on the Internet or provided to easyfeedback for publication or parts thereof. The customer agrees to comply with the legal provisions when publishing content and/or when transferring content to easyfeedback for publication, and in particular to comply with the laws applicable in Germany and worldwide for the protection of children and young people as well as authors and for protection against terrorism and violence. The customer is responsible for compliance with the regulations for electronic business transactions applicable in Germany.
(8) In the event of authorized use of the service by third parties, the customer shall ensure that these third parties use the service responsibly in accordance with these General Terms and Conditions. easyfeedback is not liable for damages incurred by the customer as a result of authorized or unauthorized use by third parties within the scope of the access and use options made available to the customer by easyfeedback.
(9) The customer must keep the contract-relevant information created in the user account (e.g. name, address, email) up to date at all times. For this purpose, the customer has a corresponding configuration menu in his user account.
(10) The customer is prohibited from disclosing his or her access data for the use of easyfeedback to other persons and thereby granting them access to the system. In particular, it is not permitted to grant access to additional persons beyond the number of possible user accounts from the respective ordered services of the survey tariff.
(11) The customer releases easyfeedback and all employees of easyfeedback from all claims by third parties due to the infringement of rights based on the content or parts thereof published by the customer on the Internet or transferred to easyfeedback for publication. This includes, in particular, the obligation to indemnify or hold harmless easyfeedback and/or employees of easyfeedback from claims for damages or reimbursement of expenses by third parties as well as from all costs of legal prosecution (e.g. court and attorney’s fees).
(12) If the customer violates one of its obligations, easyfeedback has the right to block the customer’s user account at the customer’s expense. In the event of serious or repeated violations by the customer of its obligations, easyfeedback has the right to terminate the agreement without notice. In the event of false information during registration or misuse of the service, easyfeedback reserves the right to immediately delete the customer account along with all data.
§ 5 Rights of Use
All services that the customer obtains within the scope of services via easyfeedback are intended exclusively for the customer’s own use and purposes. Commercial use, in particular resale as a service (software as a service), is not permitted. The company’s own marketing as a provider of online surveys with easyfeedback as a software solution is also not permitted with the services offered (survey rates) at https://easy-feedback.com. Additional terms and conditions and a separate license agreement are required for this.
§ 6 Confidentiality, Data Protection and Storage
(1) In accordance with Art. 14 GDPR, easyfeedback points out that personal data is stored. If necessary and unless the customer expressly objects, this data may be disclosed to third parties exclusively for the purpose of processing the contract. The customer has the right to revoke its consent to this storage and use of its personal data at any time with effect for the future.
(2) easyfeedback undertakes not to use the data collected during the surveys or the survey results of the customer in any way or to make them available to third parties.
(3) The above paragraphs (1) and (2) only do not apply insofar as easyfeedback is legally obligated to disclose such data to third parties, in particular to government agencies, for example for criminal prosecution.
(4) The customer agrees that he/she may be named by easyfeedback in written and electronic form as a reference customer with his/her company name. Upon special request, the customer may object to this by sending a simple email and request immediate removal of the reference customer name.
§ 7 Data Backup, Deletion of Questionnaires and User Accounts
(1) Data backups are performed by easyfeedback every 24 hours and are always considered to be up-to-date within the next 24 hours. A failure of the data backup due to viruses or hacker attacks or other circumstances not caused by gross negligence or intent on the part of easyfeedback does not give rise to any claims by the customer against easyfeedback.
(2) The customer must back up the data collected from its questionnaires or the results of its surveys at regular intervals using a CSV export. The customer must take any necessary protective measures itself.
(3) easyfeedback expressly points out that upon deletion of a questionnaire as well as a user subordinate to the customer, the associated data will be permanently deleted from the system.
(4) If the customer has not requested a renewal within 6 months of the contract term, easyfeedback is entitled to permanently and irrevocably delete all of the customer’s data, including all users, questionnaires and survey results in its user account.
§ 8 Availability and Guarantee of the Service
(1) easyfeedback strives for 100% availability of the service. This does not include times when the web server is unavailable due to technical or other problems that are beyond the control of easyfeedback, such as in the event of force majeure, fault of third parties, etc. In the event of attacks, easyfeedback may suspend the service for the duration of the attack. In the event of disruptions or interruptions, easyfeedback will immediately take all reasonable measures to restore availability as quickly as possible.
(2) easyfeedback guarantees that the service will essentially fulfill its main functions. The warranty does not cover damages and/or disruptions caused by the customer violating the provisions of this agreement. If there is a defect in the service, easyfeedback is initially entitled to supplementary performance. In the event that the subsequent performance fails at least twice, the customer is entitled to reduce the price or to withdraw from the contract at its discretion.
The warranty obligation is limited in time to the term of the respective contract.
(3) The customer and easyfeedback agree that the state of the art does not allow software to be created in such a way that it is free of errors for all application conditions. The customer will immediately notify easyfeedback of any errors in writing and specify the defects in detail. At easyfeedback’s request, the customer will also provide the data used by easyfeedback that led to the error as well as the cooperation required to analyze and correct the error in an appropriate manner and free of charge for the purpose of processing the contract.
(4) If expenses are incurred due to notices of defects that are not based on defects in the service provided by easyfeedback, the customer will reimburse easyfeedback for the costs incurred.
§ 9 Liability
(1) easyfeedback has unlimited liability for damages caused intentionally or through gross negligence by employees, legal representatives or vicarious agents in accordance with the statutory provisions. The same applies to damages resulting from injury to life, limb or health.
Insofar as easyfeedback is not liable due to an assumed guarantee, liability for damages caused by employees, legal representatives or vicarious agents due to slight negligence only applies insofar as these are based on the breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which the contractual partner could rely. If liability for simple negligence applies, liability is limited to compensation for the damage typically foreseeable for easyfeedback at the time the contract was concluded. Insofar as the liability of easyfeedback is excluded or limited, this exclusion or limitation also applies to the personal liability of employees, legal representatives or vicarious agents of easyfeedback.
(2) Compensation for the foreseeable and typical damage in accordance with paragraph (1) generally consists of providing the respective services to the customer again free of charge.
(3) easyfeedback is not liable for ensuring that the questionnaire designed by the customer is suitable for the purpose intended by the customer. Nor is easyfeedback liable for the survey achieving the success desired by the customer or the number of survey participants desired by the customer.
(4) If a case of force majeure occurs, easyfeedback is not responsible for the resulting delay or impossibility of the services. Force majeure is defined as all unforeseeable events or events that – even if they were foreseeable – are beyond the control of easyfeedback and whose effects on the fulfillment of the contract cannot be prevented by the reasonable efforts of both parties to the contract.
(5) The customer shall indemnify easyfeedback against all claims asserted against easyfeedback by third parties due to the infringement of their rights or due to legal violations resulting from the illegal or improper use of the service. In this regard, the customer also assumes the costs of legal defense, in particular all attorney’s fees and court costs.
§ 10 Notice of Termination by easyfeedback
(1) The right of easyfeedback to terminate the contract for good cause remains unaffected.
(2) Terminations must be made in writing to be effective.
(3) Active disruptions or threats to the service due to actions by the user will result in immediate termination without notice. In this case, easyfeedback reserves the right to assert claims for damages against the user.
§ 11 Right of Withdrawal
(1) Consumers (private individuals and students) as defined by § 13 BGB (German Civil Code) have the right to revoke their ordered survey tariff within two weeks of the conclusion of the contract without further ado. The deadline for compliance is 14 days and begins with the conclusion of the contract (timestamp of the order of the survey tariff on the easyfeedback server). The timely dispatch of the revocation in text form (letter, fax, email, etc.) is sufficient to comply with the withdrawal period. The withdrawal must be sent to: firstname.lastname@example.org or fax to + 49 – 261 – 960 987 50.
(2) If the customer (consumer) has already used easyfeedback by publishing a survey and/or recording participant results, the right of revocation expires. In the event of an effective revocation, easyfeedback will reimburse the customer (consumer) for any payments already made.
(3) Any revocation must be made in writing in order to be effective. This also applies as an email or fax.
§ 12 Business Address
§ 13 Choice of Law, Place of Performance, Place of Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and jurisdiction in relation to merchants, legal entities under public law or special funds under public law shall be Koblenz.
§ 14 Written Form
All amendments and additions to these GTC must be made in writing to be effective. The waiver of the written form requirement must also be in writing.
§ 15 Language
These General Terms and Conditions are originally written in German. If the translated version differs from the German, the German version shall apply in accordance with applicable law.
November 1st, 2018