1.1 Question Research e.U. (named as Question Research) supplies its service - gratis or nongratuitous - on every pages with the webbased service requestio.com
1.2 Based on this, Question Research enables customer - designated as the 'customer' in the following - to create and carry out Internet-based online surveys.
2. Scope of Service
2.1 Question Research puts a service at your disposal to conduct online-surveys through the medium internet. This includes the creation of a questionnaires and surveys, the distribution of the invitations and email reminders, functions to monitor and control the way to analyse the surveys. The exact scope is shown within the service description of the individual offers. Question Research provides its service solely on the basis of these conditions - regardless whether it is free of charge or subject to charge. Other General and Special Terms and Conditions from Question Research and the customer do not apply.
2.2 The use of the service requires the customer to register in advance with requestio. Question Research reserves the right to reject the completion of a contract in individual cases.
2.3 The user fee for the offered services from Question Research are stipulated in a seperate price list. If no royalty is intended for the rate selected by the customer, the customer may use the service according to the specification of services after receiving confirmation from Question Research.
2.4 Question Research itself is an access provider. Question Research is not involved for the utilisation of this service, especially the creation of questionnaires and analysis. Question Research offers solely customers the possibility to carry out surveys themselves.
2.5 The scope of service of Question Research results from the chosen plan by the customer, the amount of survey responses, and from additional plans, which includes our support program in the form of additional services to mutual agreement. From these price plans are the limitation oft he contract.
2.6 Question Research updates continuously new features and service on the website requestio.com
3. Eligibility, conditions, legal declarations
3.1 Are eligible only fully competent natural persons or teenager over 14 years, if necessary consent of the legal representative are provided. By registering customer agree Question Research that the user is eligible.
3.2 By the registration, the provided informations have to be authentic and constantly updated to keep information actual. Each user may only create an account. After successful registration, you will receive a password and a name assigned to your account. Your account is not transferable or inheritable.
3.3 If Question Research has a reasonable suspicion that the customer's access data have been used without authorization by a third party, Question Research has the right to block his/her access. In such cases, the customer will be provided new access data by Question Research.
3.4 Question Research is entitled to refuse authorization to use the services without giving a reason.
3.5 By registering, you agree to use the services of Question Research strictly for own private or business purposes; a commercial use is in terms of a resale of functionalities, services, or reports or other marketing knowledge of Question Research is strictly prohibited
3.7 Question Research reserves the right to change the services provided wholly or partially, add, delete or temporarily or permanently.
3.8 The customer may only use the service for its intended purpose - conducting surveys - and not in any other unconventional matter. Above all, he/she may not abuse the service, e.g. to send advertisement emails (spamming) or junk mails.
3.9 The customer must make sure that the infrastructure of the service is not overcharged by excessive usage.
4. Conclusion of the contract, contract cancellation
4.1 The duration of the contract is based on the specification of services and price list in conjunction with the payment rate selected by the customer.
4.2 The customer can delete his account at any time for any reason whatsoever. The same right to Question Research. Question Research will then delete this account, including registration informations. It remains only the published surveys, polls and voting on Question Research site. The customer can at any time for any legitimate reason contact Question Research to delete such surveys and votings.
4.3 Question Research for any reason, without notification, may change password, account, and any posted content or any used services by the customer, lock, stop and delete. This will be especially the case if the customer has not used the services of Question Research for some time or if Question Research must assume that the customer violate these terms or do not follow the basics of the terms and conditions.
4.4 By contract cancellation the user fee-based contracts for additional services remain unaffected.
4.5 Parties reserve the right to extraordinary notice of cancellation. In either case, Question Research has a right to extraordinary notice of cancellation, if the customer violates these conditions or other application conditions of use from Question Research.
4.6 Contracts with a fixed duration are not extended automatically. Contracts with a duration that has been specifically agreed on by both parties cannot be terminated prematurely.
5. Price, conditions of payment, default of payment
5.1 For the possibility of the use of services, the customer has to pay an user fee. The user fee is due monthly in advances as long as nothing seperate has been agreed.
5.2 The user fee includes compensation for conducting surveys. This enables, depending on the plan price, the simultaneous storage of a certain number of answers. As answers here include individual answers of each survey participant asked on individual issues, or parts issues / areas / elements (eg Matrix / table issues) of a questionnaire or a survey. Question Research takes more completed questionnaires from survey participants only if they can be stored totally in the remaining answer memory.
5.3 The price plan models and the associated number of possible answers storable, as well as the included additional performance are determined in the separate service and price lists. Question Research reserves, to change the price any time at its discretion. The customer will be immeadiatley electronically informed of any alterations. It stands as approved, if you do not appeal to the customer either electronically or written, whereas the appeal must be sent within two weeks after receiving the notification. Hereunto will Question Research separately advise the customer of the notification.
5.4 The agreed charges are due without deduction immediatley after conclusion of the contract.
5.5 If the customer is in default of payment, Question Research is entitled to demand interest on late payment. These amounts for contracts with consumers at 4% pa On the base interest rate, in the case of contracts with entrepreneurs at 6% pa on the base interest rate. The assertion of claims for additional payment default remains reserved by Question Research. The customer is entitled, however, to prove that there are no or very small damages to Question Research as a result of delayed payment. The customer is only entitled the right to charge, when his/her counterclaim is undisputed or legally binded ascertained. In these cases the customer is authorised to also exercise a right of retention, as long as his/her counterclaim is based on the same contractual relationship.
5.6 The bill is appointed in the configuration menu to the customer and can be retrieved by him there. If the customer requests the bill to be sent per post, then Question Research is entitled to demand EUR 2,50 for doing this.
6. Responsibilities and obligations of the users
6.2 The customer is not permitted to make his/her user account accessible to third parties. The customer has to ensure that his account is only accesable to him and, in case of legal persons and public bodies, to employees that are needed to conduct the survey. In particular, he has to protect his access data and the personal password from a third party. The customer is liable for all damages, due to the access and opportunities of authorised or unauthorised use of the services of Question Research by third parties that may have been caused.
6.3 The customer may only use the service for its intended purpose - conducting surveys - and not in any other unconventional matter. Above all, he/she may not abuse the service, e.g. to send advertisement emails (spamming) or junk mails.
6.4 The customer pledges not to publish any content which could become a public nuisance and offend against common decency. In particular, he/she pledges not to add any sexually offensive, racist, radical and inhuman or contemptuous content. Question Research assumes no responsibility so far, neither for the content of the questionnaires and the answers given by the respondents, or for the manner of using the investigation results by the customer.
6.5 The customer is committed to the privacy rules and other rights of the respondents. In particular, the customer has to ensure that 6.5.1 the respondents on the questionnaire with the pursued aim are sufficiently well informed; 6.5.2 Filling out and sending questionnaires solely at the discretion of the respondents, and especially in internal investigations the participation is not related with any disadvantages for the respondents. 6.5.3 Personal data of the respondents is not stored longer than necessary by the customer, only used for the questionnaire and for the intended purpose and must not be passed to any third party or granted access; 6.5.4 Other adhered general and special rights for the protection of the personality of the respondents.
6.6 If the customer violates his/her obligations, Question Research has the right to remove the content from the Internet without a warning and at the expense of the customer and terminate the contract without previous notice.
6.7 The customer must notify immediately any changes to Question Research for Question Research relevant data, like address, name of account representent
7. Privacy & data protection
7.1 The customer himself can delete at anytime his set questionnaires, addresses and survey results by using the services from Question Research.
7.2 Question Research provides the full protection of personal data within the meaning of applicable statutory provisions. The protection includes both the personal data of customers, as well as the survey participants. In particular, Question Research will use and save personal data solely for the purpose of fulfilling the contract, and will not pass this data to any third party.
7.3 Question Research pledges not to use the survey results of the customer or make them available to a third party in any way.
7.4 All employees of Question Research commit itself to keep absolute confidentiality against third parties relating to sensitive data, including information about customer accounts, data from questionnaires, data and documents, which sends the customer to Question Research in case of collaboration and of course, survey results, especially if these were processed by employees of Question Research on customer's request.
8. Service availability
8.1 The services of Question Research are offered in principle without interruption. A constant availability may be limited and technically not guaranteed. Similarly, there can be no guarantee that the services are free of any technical defects, malfunctions or limitations. Operating interruptions for preventive maintenance work will be previously announced, when possible . Question Research will quickly eliminate any disruption of its technical facilities within the existing technical and operational capabilities.
8.2 Achievement delays based on higher force or on the basis of events, that impede Question Research the achievements considerably or make them impossible (especially strike, official arrangements, the loss of communication networks of other operators or the lower contractor of Question Research or its lower contractor), also in binding arranged time periods and appointments have not to be represented by Question Research. The achievement duties of Question Research rest until the elimination of such a hindrance.
8.3 Disruptions for which Question Research is not liable as well as disruptions due to maintenance work,etc. do not lead to a right to cancel or claims for damage on behalf of the customer.
9. Liability and limitation of liability
9.1 The liability of Question Research and its representatives and agents shall be solely in accordance with the following provisions.
9.2 Question Research is liable in accordance with statutory provisions, for damage resulting from a deliberate or grossly negligent behavior on behalf of Question Research, or in case Question Research fails to respect a major contractual obligation. The liability for damages in these cases is restrained on predictable, typically occuring damages, as far as Question Research can not be accused of willful or grossly negligent behavior.
9.3 Moreover, the liability of Question Research for damages is excluded. This is particularly true for lost profits or other direct or indirect damages to the customer or third party. These include damage to the hardware or software of the customer or the loss of data from the customer, such as viruses; the retrieval of results of investigations of the site is done at their own risk.
9.4 Question Research's liability for damages which were caused due to gross negligence of members of management or high-ranking employees of Question Research as well as Question Research's potential liability on the basis of the Product Liability Law will remain unaffected. Liability due to urgent legal regulations also remains unaffected.
9.5 Question Research can not guarantee that the services are always available and free of technical defects, malfunctions or limitations.
9.6 When failures of services occur which are not the responsibility of Question Research then there will be no refund of fees or other damages.
9.7 Question Research is not liable, for when the customer can achieve the purpose pursued by him with the use of the services, in particular not for the fact that a questionnaire supplies too few results or results which are useless for the customer, because it is not answered by the respondents in the presented way. Furthermore Question Research is not responsible for the use of the test results through the customer.
10. Commercial Register Court
10.1 The place of jurisdiction and fulfilment - where legally permissible - is Vienna, Austria. However, claims can be asserted to each contracting party under their respective general jurisdiction.
11.1 All websites, design and content of Question Research are copyrighted and require for reproduction, even partial a written permission. The copyright protects the ideological and material interests of the author's artistic and creative in its creation. In the digitized and networked information industry, it defines the framework for production, monopolization, distribution and use of particular cultural information. In this case, copyright can be understood as a protection for qualified human communication.
12.1 Solely the rights of the Republic of Austria are to be applied. If regulations of the general terms and conditions are invalid, the rest of the terms are unaffected through this. The parties commit themselves to replace the ineffectually regulations through an economical equivalent.
12.2 The customer has the right to revok his declaration of intention to conclude the contract on the use of the Service.