General Terms & Conditions

§1 Coverage

(1) The askallo GmbH (named as askallo) supplies its service - gratis or nongratuitous - solely on the basis of the business terms and conditions.
(2) askallo reproaches itself, to change these terms and conditions of business at any time either partially or totally. Customers will be electronically notified of every amendment.
(3) Other terms and conditions, especially the general business terms and conditions of the customer, will strictly not come into use. This also applies when askallo has not objected explicitly.


§2 Scope of services

(1) askallo puts a service at your disposal to conduct online-surveys through the medium internet. Hereunto counts the compilation of a questionnaire, the dispatch of the invitations and reminder emails, functions to monitor and control and possibilities to analyse the surveys. The exact scope is shown within the service description of the individual offers.
(2) The user fee for the offered services from askallo are stipulated in a seperate price list.
(3) To inform the survey participants about a survey, the customer has the possibility, to send a link from the survey on all participants. Alternatively askallo can take charge of this step, however askallo would then require a list of participants with email addresses, which the customer has to put at askallo's disposal by the use of a special upload-function.
(4) askallo itself is an access provider. askallo is not involved for the utilisation of this service, especially the compilation of questionnaires and analysis. askallo offers solely customers the possibility to carry out surveys themselves.
(5) The design of the individual services is up to the discretion of askallo. The customer does not have the right, hereunto to have any influence, except when an alternative has been agreed.
(6) askallo has the right to attach its logo and a notice of the provider onto the questionnaires.


§3 Contract offer, conclusion of the contract, contract cancellation

(1) As the customer on the website of askallo fully and truthfully enrolls, he simply makes an offer. The contract is only concluded through explicit confirmation by askallo, usually by electronic means.
(2) The contract, unless the parties agree otherwise, is concluded with a duration of 6 months. If the contract is concluded for a fixed term, or if it was agreed with the customer to complete a minimum contract period, the contract will then be extended at the agreed time, or minimum term, but for at most one year, when the contract is not cancelled within a time limit of four weeks to the expiration of the set time or the expiration of the minimum contract period. An indefinite time running contractual relationship may be terminated by either party without giving reasons, within a deadline of 30 days to the end of the month notice.
(3) The contract can be given notice by every contractual partner extraordinarily with immediate effect in case there exists an important reason. An important reason for a notice through askallo is given especially if the customer against its duties and duties offends in accordance with 6.
(4) Any termination must be in written form to be effective or by using the telefax.
(5) After termination of the contract, the authorisation to the utilisation of the website and the services of askallo ends immediately; especially askallo is not obligated to manage further questionnaires after the notice. So far askallo is entitled to block the access of the customer to the website.
(6) askallo has the right without any compliance with a set deadline within the scope of services, the services that the customer has not paid a fee for, to alter or to offer against a fee.


§4 Revocation

(1) The consumer has the right of revocation of their offer within two weeks after the conclusion of the contract. The time limit is 2 weeks and starts with the realisation of the contract. To meet the deadline, timely mailing shall suffice, in textform (E-mail, telefax, letters etc.) in which the consumer carries the onus of proof for the access to the notice of withdrawal.
(2) If the consumer has already used the services of askallo, by for example, having saved a questionnaire or a participant, his/her right of withdrawal expires. In the case of cancellation askallo will refund payments already made without deduction.
(3)To be effective, every notice of revocation must be in written form or by using the telefax.


§5 Price, conditions of payment, default of payment

(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.
(2) The user fee includes compensation for conducting surveys. This enables, depending on the tariff structure, 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. askallo takes more completed questionnaires from survey participants only if they can be stored totally in the remaining answer memory.
(3) The tariff 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. askallo 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 askallo separately advise the customer of the notification.
(4) The biling is carried out by direct debit from the customers bank account. The customer authorises askallo to withdraw the payments named in the customer's account.
(5) The agreed charges are due without deduction immediatley after conclusion of the contract, apart from when the invoice per bill is made. In this case the charges are to be paid within 14 days from the bill date after entry of the bill. The customer shall truthfully convey the necessary billing information to askallo. As an excepton a tolerance of the rules can be agreed.
(6) If the customer is in default of payment, askallo is entitled to demand interest on late payment. These amounts for contracts with consumers at 5% pa On the base interest rate (§ 247 BGB), in the case of contracts with entrepreneurs at 9% pa On the base interest rate. The assertion of claims for additional payment default remains reserved by askallo. The customer is entitled, however, to prove that there are no or very little damages to askallo 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.
(7) 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 askallo is entitled to demand EUR 2,50 for doing this. In the case of a debit, askallo is entitled to demand a processing fee in the amount of EUR 9.50 per debit plus to cover for askallo accumulated bank charges.


§6 Responsibilities and obligations of the users

(1) The customer is obliged to use the services of askallo only pursuant to these terms of use.
(2) 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 askallo by third parties that may have been caused.
(3) The website and the services should not be used to e-mail for the purpose of advertising or other unsolicited purposes or without any authorisation to send (the so-called "spam" or "junk mail").
(4) The customer agrees not to publish contents which can be of nuisance to the public and against morality. In particular, he is obliged to not compile any contents that may be sexually offensive, racist, radical or hateful. askallo 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.
(5) The customer is committed to the privacy rules and other rights of the respondents. In particular, the customer has to ensure that
(a) the respondents on the questionnaire with the pursued aim are sufficiently well informed;
(b) 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.
(c) Personal data of the respondents is not stored longer than necessary by the customer, only used for the
the questionnaire and for the intended purpose and must not be passed to any third party or granted access;
(d) Other adhered general and special rights for the protection of the personality of the respondents.
(6) The customer is responsible for all the consequences and disadvantages, that befall askallo or third parties by the improper or illegal use of the services or due to any breach of his duties and obligation policies by the customer. This includes in particular the obligation to askallo of damage or a one-time charge claim of a third and all costs of pursuing (court and attorney's fees) or to exempt. Other rights of askallo remain unaffected, and in particular the right to extraordinary termination of the contract in accordance with § 10 and for the replacement of a wider loss.
(7) The customer has to notify askallo immediately of all relevant data of changes, such as address, representative power and other incidents.
(8) If there is a reasonable suspicion of a breach of the customer against his duties and obligations, then askallo is entitled to access the customers, even temporarily, to suspend until the suspicion is invalidated. askallo will inform the customer immediately about such a suspension, stating the reasons and informing him of the opportunity to comment.


§7 Data management, data protection

(1)The customer himself can delete at anytime his set questionnaires, addresses and survey results by using the services from askallo.
(2) askallo will, without prior notice, irrevocably delete all of the customer data set (questionnaires, survey participants, survey results, etc.) 30 days after the expiration of the contract.
(3) askallo 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, askallo will use and save personal data solely for the purpose of fulfilling the contract, and will not pass this data to any third party.


§8 Service availability

(1) The services of askallo 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 . askallo will quickly eliminate any disruption of its technical facilities within the existing technical and operational capabilities.
(2) Achievement delays based on higher force or on the basis of events, that impede askallo the achievements considerably or make them impossible (especially strike, official arrangements, the loss of communication networks of other operators or the lower contractor of askallo or its lower contractor), also in binding arranged time periods and appointments have not to be represented by askallo. The achievement duties of askallo rest until the elimination of such a hindrance.


§9 Liability and limitation of liability

(1) The liability of askallo and its representatives and agents shall be solely in accordance with the following provisions.
(2) askallo is liable in accordance with statutory provisions, for damage resulting from a deliberate or grossly negligent behavior on behalf of askallo, or in case askallo fails to respect a major contractual obligation. The liability for damages in these cases is restrained on predictable, typically occuring damages, as far as askallo can not be accused of willful or grossly negligent behavior.
(3) Moreover, the liability of askallo 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.
(4) The replacement of the predictable, typical damage in accordance with paragraph (2) is held in a free re-use of services by the respective customer. This applies particularly in the following cases:
(a) Production of technically flawed investigation results due to disfunction.
(b) Faulty transmission or storage of data by askallo.
(c) Omission of an offered transfer or storage of data by askallo.
(5) askallo is not liable in accordance with the provisions of Section 8 that the services are always available and free of technical defects, malfunctions or limitations.
(6) When failures of services occur which are not the responsibility of askallo then there will be no refund of fees or other damages.
(7) askallo 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 askallo is not responsible for the use of the test results through the customer.


§10 Miscellaneous

(1) Solely the rights of the Federal Republic of Germany 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.
(2) As long as the customer is an entrepreneur, the court of jurisdiction for both paties is in Karlsruhe, Germany.