Terms of Service
General Terms and Conditions of StraightONE GmbH for Insightmatic™ Services
1. Scope of Application
The following General Terms and Conditions apply to all market and social research assignments and their execution, as well as to future market and social research assignments that the client gives to StraightONE GmbH through the Insightmatic™ platform and their execution.
They do not apply to cooperation between privately constituted market and social research institutes for the fulfillment of assignments.
2. Subject Matter of the Contract
StraightONE GmbH carries out the accepted assignments through Insightmatic™ as consulting services in accordance with the professional principles and professional standards of market and social research. StraightONE GmbH supports the client with its services in their decisions. However, it does not make these decisions itself.
Only the respective individual contract is decisive for the content and scope of the services to be provided by StraightONE GmbH, unless something else already arises from these Terms and Conditions.
3. Offer and Research Proposal
3.1 Research Proposal
StraightONE GmbH generally submits its offer to the interested party in the form of a research proposal through the Insightmatic™ platform, in which the task, the service to be provided to fulfill it, the time required for the investigation, and the remuneration to be paid are specified. StraightONE GmbH is bound by its offer for 6 weeks; otherwise, the offer expires.
3.2 Confidentiality of Proposal
The interested party receives the research proposal exclusively for deciding on the award of the offered investigation. Its content may, unless otherwise agreed, only be published or passed on to third parties in whole or in part with mutual written consent.
3.3 Client Objectives
If the client pursues a goal with the assignment that is not obvious to StraightONE GmbH, StraightONE points this out to them. The client must then disclose their goal in writing.
3.4 Exclusivity
StraightONE GmbH cannot guarantee exclusivity for certain product fields, research objects, or research methods unless it is agreed in writing. If exclusivity is agreed upon, its duration and any additional fee to be charged must be determined.
3.5 Contract Modifications
Changes to the assignment after contract conclusion require written confirmation from StraightONE GmbH.
4. Remuneration
4.1 Scope of Remuneration
The remuneration mentioned in the research proposal generally includes all services offered by StraightONE GmbH in connection with carrying out the assignment in the research proposal. StraightONE GmbH may demand additional remuneration for services beyond this that are desired by the client.
4.2 Additional Costs
Additional costs that are not attributable to StraightONE GmbH and additional costs that could not be foreseen by StraightONE GmbH despite due care when the assignment was placed may be invoiced separately by StraightONE GmbH if they are based on a factually justified reason and are clearly recognizable and sufficiently determined for the client.
4.3 Payment Terms
60 percent of the agreed remuneration plus statutory VAT is due upon assignment placement and 40 percent upon delivery of the results, unless the parties make a different payment arrangement.
4.4 Payment Due Date
The remuneration is payable without any deduction 14 days after invoicing. In case of payment default, StraightONE GmbH is entitled to demand default interest at a rate of eight percentage points above the base rate.
5. Assignment Execution
StraightONE GmbH carries out the assignment according to scientific methods of market and social research through the Insightmatic™ platform. If it turns out after assignment placement that the investigation cannot be carried out for methodological reasons that neither the client nor StraightONE GmbH could foresee and are responsible for, StraightONE GmbH immediately informs the client.
6. Copyright and Intellectual Property Rights
StraightONE GmbH retains all rights that belong to it under copyright law. The client acknowledges that the sole copyright and all protective rights to research concepts, proposals, methods, procedures and process techniques, graphic and tabular representations that originate from StraightONE GmbH, and to know-how embodied in other services of StraightONE GmbH belong exclusively to StraightONE GmbH.
7. Use of Research Report and Results
Research reports and research results are available to the client only for internal use, unless StraightONE GmbH consents to their complete or partial transmission to third parties or publication. They may not be reproduced, printed, or stored, processed, or distributed in documentation and information systems of any kind for the purpose of transmission to third parties or publication without prior consent from StraightONE GmbH.
8. Warranty and Liability
StraightONE GmbH's liability and the client's claims for defects are governed by statutory provisions unless otherwise determined below. StraightONE GmbH warrants the proper execution and scientific evaluation of the investigation. Claims for damages by the client against StraightONE GmbH exist only in case of culpable injury to life, body or health, breach of an essential contractual obligation, or in case of intentional or grossly negligent breach of duty by StraightONE GmbH.
9. Data Protection and Confidentiality
StraightONE GmbH and the client undertake to treat all information exchanged in the context of assignment execution strictly confidentially and to use it exclusively for carrying out the assignment. This obligation also applies to the period after completion of assignment execution. For detailed information about data processing, please see our Privacy Policy.
10. Final Provisions
German law applies to all legal relationships between StraightONE GmbH and the client. The place of jurisdiction is Nürnberg, Germany. Should individual provisions of these Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions.
Contact for Terms and Conditions
StraightONE GmbH
Sandsteinstr. 1, 91077 Neunkirchen am Brand, Germany
Phone: +49 911 217738-0
Email: mail@straight.one
Insightmatic™ is a product of StraightONE GmbH, Germany's leading consultancy for Behavioral Economics and decision psychology.
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