1. objective consumer research & consulting GmbH (hereafter referred to as "the company") operates as an advisory service provider in accordance with the recognised code of conduct for research (ESOMAR). A further line of business is the renting out of premises for market research purposes and organization of market research studies.
2. The company makes the interested party a quote in the form of a research proposal stating the objectives, the test design and factors of analysis as well as the due fee for the research.
Should a quote exceed the scope of a basic proposal, the company informs prior to issuing the quote how far it considers the preparation of special research documents, e.g. questionnaire drafts or exploration guides necessary and what fee is to be paid for this. It can demand payment of the fee if the interested party does not contradict. The costs of meetings outside the company's offices are to be reimbursed (provided the interested party was informed of this beforehand).
3. The fee specified in the research proposal basically includes all the services to be performed by the company in connection with the study. It includes the delivery of two report copies in German or English. The company can claim additional fees for special client wishes, for the delivery of additional report copies as well as for preparing pre or interim reports. If additional costs arise after completion of the contract due to the client's wish for changes or supplements or due to other reasons for which the company is not liable, the company can invoice these. Every change in the commissioned volume after completion of the contract further requires an express written agreement between the parties.
4. The company does not usually grant exclusiveness for certain product sectors, objects of investigation or research methods. If in exceptional cases exclusiveness is justified and agreed, the duration of this and the fee to be additionally charged is to be fixed.
5. The client receives the research proposals and reports solely for his own use. Their contents are only allowed to be completely or partly published or passed on to third parties with the written consent of the company.
6. The company has the right of property and copyright on research conception and on the material produced in carrying out the research (data media, magnetic tapes, questionnaires etc.). This does not affect the client's copyright on documents the client prepared.
7. The client can arrange with the company to receive two sets of data for a fee.
8. The client has the right to see the original investigation documents on the company's premises. However, the anonymity of the informants must not be infringed. If measures required to protect anonymity involve costs, these have to be met by the client.
9. The company is not obliged to keep research documents for longer than one year and data media for longer than two years after delivering the research report in so far as a different agreement has not been expressly reached.
10. The company pledges to treat all the information received from the client strictly confidentially and to use it solely for conducting the commissioned research. The gained research findings are only available to the respective client unless otherwise agreed.
11. The company guarantees the correct conducting of the research although reserves the right to co-operate with other institutes if the need arises or to use field organizations and test studios. The correct processing of the research data is likewise guaranteed. Complaints can only be based on professional negligence on the part of the company. If research findings are not handed over on the agreed date for reasons for which the company is liable, the client can grant an appropriate extension.
After this deadline has expired, the client can withdraw from the contract in so far as the services laid down in the commission have not been performed; should the client's interest in the already performed part have provably ceased, his withdrawal also applies here. No compensation is due for any default damages. In the event of wilful or grossly negligent causing of the default, the legal regulations apply. If the research has culpably not been conducted as commissioned, the client can demand amendment.
If the amendment is not possible or is not correctly completed within an appropriate period, the client can reduce the remuneration. Further claims are ruled out. If liability is based on willfulness or gross negligence, the legal regulations apply. The company is not liable for consequential damages of any kind that arise for the client in connection with the research conducted on the client's behalf; in the event of wilfulness or gross negligence, liability is limited to the damage foreseeable at the time of completing the contract.
12. The client is liable to the company for all direct and indirect damage resulting for the company or third parties from use of the products provided by the client even if this is no fault of the client.
The client fundamentally exempts the company from the claims for compensation of third parties in so far as these are the result of damage caused by provided or required products.
13. The agreed fees serve to finance the respective research projects, rental business and organization services. For this reason, advance payment of the research fee is necessary from a net value of 15,000 €, namely 50% on commissioning of the services. To the extent that the research design or the contract sum makes it seem appropriate, a different agreement can be reached.
14. The following cancellation costs apply for workshops and any market research project (focus groups, In-home visits, Shopalongs and face-to-face explorations etc.) that is cancelled at short notice.
After written or oral confirmation of project:
100% costs for simultaneous translation
100% costs for facility rental (in case research does not take place at objective facility)
Recruitment costs for respondents already recruited
Incentive costs for professionals (B2B, Doctors etc.) already recruited
50% of organization costs
Any travel costs already incurred by booking in advance
8 working days prior to fieldwork:
70% costs for project director/moderation
70% costs for facility rental at objective facility
3 working days prior to fieldwork:
100% incentive costs of respondents already recruited
For projects being delayed a different agreement can be reached.
Working days are defined as the weekdays from Monday to Friday..
15. For facility rental only, a handlings fee of 15% is charged for payment of incentives.
16. Just the substantive and procedural laws of the Federal Republic of Germany apply to the contractual relations.
17. Place of performance and jurisdiction is Frankfurt.