Terms of Use

Using iSurvey is subject to the following conditions

Beginning of Contract and Contract Requirements

1. The use of the service requires the customer to register in advance with Provision Solutions Ltd. (Company). The Company reserves the right to reject or terminate a contract in individual cases.
2. The contract does not come into force until confirmed by the Company, generally via email.
3. It is not possible to call up the results of the survey until the customer has paid the charge(s) agreed on for the service.

Specification of services

1. The customer obtains the right to use the service according to the selected rate in conjunction with the specification of service(s) agreed.
2. The customer has the right to use the services defined in the specification of services for the duration of the respective contract (normally 90 days from registration).
3. The design, structure and scope of the service, in particular the visual presentation of the content, are solely at the discretion of the Company. The customer is not entitled to exert influence on this, unless a different agreement has been reached and written confirmation gained from the Company.

User obligations

1. The customer is not permitted to make their user account accessible to third parties.
2. The customer must keep their access data and personal password in a safe place to prevent third party access.
3. If the customer suspects that a third party has knowledge of the password they should contact the Company who will issue a new code.
4. If the Company has a reasonable suspicion that the customer's access data have been used without authorisation by a third party, the Company has the right to block access. In such cases, the customer will be provided new access data by the Company.
5. The term third party does not pertain to co-workers or Partners of customers (in the same organisation). 
6. The customer may only use the service for its intended purpose i.e Conducting surveys) 
7. Customers will not abuse the service to send unsolicited advertisement emails (spam) or 'junk' mail.
8. The customer pledges not to publish any content which could become a public nuisance and offend against common decency. In particular, not to add any sexually offensive, racist, radical and inhumane or contemptuous content.
9. Should the customer violate their obligations, the Company has the right to remove the content from the Internet without a warning, at the expense of the customer and terminate the contract without prior notice.

Extension/Termination of Contract

1. The duration of the contract is based on the specification of the service(s) and price list in conjunction with the payment rate selected by the customer.
2. Contracts with a fixed duration are not extended automatically. 
3. Contracts with a duration that has been specifically agreed on by both parties cannot be terminated prematurely.
4. The Company is authorised to discontinue services without notice should the user fee not be paid.

Deleting questionnaires, addresses, survey results, etc.

1. Thirty (30) days after the expiration of the contract, the Company has the right to irrevocably delete all data provided by the customer without prior notification. This will include questionnaires, survey participants and survey results.

Data protection

1. The Company pledges not to use the survey results of the customer or make them available to a third party in any way.
2. The Company reserves the right to compile, save (electronically or otherwise) and use personal and business-related data from the customer without any further consent for the purpose of the service.
3. The customer must respect legal regulations while designing the questionnaires and carrying out the surveys.

Availability, data storage and support

1. The Company generally provides the service without interruptions, however, the Company cannot guarantee that the service is continuously available and functions without restrictions. Delays and interferences can take place while providing the services due to incidents and circumstances which are beyond the influence or control of the Company, e.g. availability of the Internet.
2. Disruptions for which the Company is not liable do not lead to a right to cancel or to claims for damage on behalf of the customer.
3. The Company secures the data twice per day. The customer is obligated to regularly save all questionnaires, addresses, survey results etc. created in appropriate time intervals.
4. The Company reminds the customer that data can be lost even when saved properly. The customer is thus obligated to regularly save data such as survey results and addresses by downloading them.

Guarantee

1. The Company guarantees that the service provided by the Company fulfil the functions agreed upon. However, a prerequisite for the guarantee is that the service is used in compliance with the contract.
2. If recurring errors occur during the contract period, the customer must notify the Company of the observed malfunctions in writing (or e-mail) and specify exactly which part(s) of the service are malfunctioning. 
3. The Company will endeavour to correct the malfunctions in an appropriate timeframe.
4. The customer must provide the Company the data used which have led to the malfunction and co-operate adequately and reasonably with the Company in analysing and correcting the malfunction free of charge in compliance with the contract. The Company may correct the malfunction the way in which it deems appropriate.
5. The contracting parties agree that it is not possible to create software that works faultlessly under all conditions of application. The customer can inquire on the suitability of the service at any given time. No guarantee can be made to the customer that the service will function with all browsers and operating systems. The Company has the right to modify system requirements without notification and these will not substantiate a reason for cancellation.
6. The customer is not entitled to have an error corrected when the error is not reproducible or cannot be displayed as automated data. The guarantee does not apply in cases in which it cannot be proven that the Company is liable for a certain malfunction. Minor errors which do not or only insignificantly impair the usability of the service do not have to be corrected by the Company. Such minor errors also do not substantiate a reduction of the user fee or a withdrawal from the contract.
7. If expenditures arise due to the notification of defects, which are not based on malfunctions in the services provided by the Company, the customer will compensate the Company for the resulting costs on a time and material basis in accordance with the currently valid price list from the Company.
8. In the case of a guarantee or liability claim to the Company, the contributory negligence of the customer must be considered accordingly, in particular in the case of insufficient problem reports or insufficient data storage.
9. The Company must correct errors within an appropriate timeframe after having received and acknowledged the written error report.
10. If the Company does not correct significant errors within an appropriate timeframe after having received and acknowledged a written error report, the customer can set an appropriate additional respite for the Company with a statement that they refuse the rectification of defects after the specified time period. The earliest this can be done is after the second attempt to rectify the defect fails.
11. If the non-fulfilment or insufficient fulfilment of the contract is due to an event which is beyond the control of the Company the deadline or timeframe may be extended by an appropriate time span.

Default in payment

1. In the event of any default in payment, the Company is authorised to block the account at the expense of the customer and/or terminate the contract without prior notification. In such cases, the customer is still obligated to pay the agreed user fee.
2. The Company reserves the right to assert further claims for damages due to default in payment by the customer.
3. If the Company defaults on the service it is obligated to provide, its scope of liability is based on the Telecommunications Customer Protection Decree.
4. The customer only has a right to withdrawal, when the Company does not comply with an appropriate respite specified by the customer for reasons for which the Company is responsible.

Third party rights

1. The customer is not entitled to more extensive claims resulting from violations of third party trademark rights, in particular those for compensation for consequential damage and indirect damage.

Liability

1. The following limitations apply to the scope of liability of the Company as well as its employees, assistants and vicarious agents - regardless of the legal grounds.
2. The Company assumes liability for direct personal and material damage caused to the customer either deliberately or due to gross negligence. In the case of direct damage, which was caused by the slightly negligent violation of obligations essential to the contract, the Company is only liable for the generally predictable damage. Indirect damage entails the time and effort required to restore the damaged commodity.
3. Compensation for damage to the customer is their right to use the service again free of charge.
4. The Company is also liable for warranted characteristics regardless of their grounds, however, the Company is not liable for more extensive claims, in particular those for compensation for indirect damages and/or consequential damages.
5. The customer is obligated to immediately report damages and losses for which the Company must cover the expenses, to the Company in writing or have them recorded by the Company.
6. The Company is only liable for supplying data when it deliberately caused the loss or due to gross negligence and when the data can be reconstructed from data material which is available in machine-readable form and within a justifiable timeframe. If it is not possible to restore the data, the Company will credit the customer the according number of surveys including survey participants to their account.
7. Further claims for damage on behalf of the customer are ruled out. A similar regulation holds for cases in which flawed survey results were produced due to technical problems.
8. The Company liability for damages which were caused due to gross negligence of members of management or high-ranking employees of the Company as well as the Company's potential liability on the basis of the Product Liability Law will remain unaffected. Liability due to urgent legal regulations also remains unaffected.
9. The Company is not liable or responsible for whether the questionnaire designed by the customer is suitable to fulfil the purpose the customer desires. The Company does not guarantee that the survey will lead to the desired success and number of survey participants.

User fee

1. The customer must pay in advance the fees listed in the currently valid specification of services or price list at the time of registration for the service. The user fee is to be paid immediately.

Change of user fee, specification of services, these conditions, etc.

1. The Company is authorized to modify the specification of services, the price list, the conditions as well as any other existing regulations at any point in time. The Company will notify the customer of such changes either in writing or by email. The customer can file an objection within one calendar month after the notification of change was sent, as long as the change is a disadvantage to the customer.
2. If the customer does not file an objection in due time, the contract will be continued according to the new conditions and stipulations.
3. If the customer objects in due time, both contracting parties have the right to terminate the contract with the Company within four (4) weeks after the objection was filed. In such cases, the cancellation period is two weeks before the end of the month and must be confirmed as soon as possible.

Legal reliability

1. The customer is only responsible for the legal reliability of the questionnaires designed by them and their content. The customer assumes responsibility for the compliance with legal regulations, in particular data protection, copyrights, competition regulations and ancillary rights while dealing with posted images, acoustic and film recordings (media) as well as other documents and materials and immediately indemnifies the Company and its partners from any claims for damage due to the violation of these rights, as long as the Company is not at fault.

General Terms and Conditions

1. The customers General Terms and Conditions will not become part of a contract completed on the basis of these conditions. This also holds when the Company has not explicitly objected to this.

Statute of limitations

1. Claims due to liability during contract negotiations and default in performance of contract are barred by statute six months after accruement. All other claims are barred by statute three years after accruement, as long as no shorter legal or contractual statutes of limitations apply or the law does not prescribe mandatory longer time periods.

General Information

The customer can only convey rights from the treaty completed on the basis of these conditions with the written consent of the Company. The Company is authorised to call on or mandate third parties to fulfil its obligations. No subsidiary agreements on the contract concluded on the basis of these conditions exist. Should any regulations from the contract concluded on the basis of these

conditions be or become ineffective in part or in their entirety, this does not affect the applicability of the remaining regulations. The parties are instead obligated to substitute the ineffective regulation with one which is as economically desirable as possible. The laws of the UK apply to all legal relations arranged in the contract on the basis of these conditions. The United Nations Convention on Contracts for the International Sale of Goods is not applicable. The protection of the service provided by the Company in accordance with international regulations or third-country regulations is not affected by this. If the contract concluded on the basis of these conditions was concluded in writing, the following regulations additionally apply:

The abrogation, modification, and amendment of the contract concluded on the basis of these conditions must be put in writing in order to become legally effective. The same holds for the

waiver of the requirement to put these in writing. Hand-written modifications to the contract concluded on the basis of these conditions are not permissible.

Complaints

We trust that you will be completely satisfied with the service. If this is not the case, please contact:

Customer Service

Provision Solutions Ltd

PO Box 2566

Woodford Green

IG8 1LT