General terms and conditions of MediaAnalyzer Advertising Research GmbH
MediaAnalyzer performs its activity in the sense of advisory services in accordance with the recognized rules of the profession.
MediaAnalyzer submits an offer to the interested party in the form of an investigation proposal, in which the task, test arrangement and evaluation aspects as well as the requested fee and the time required for the investigation are specified. The fee stated in the research proposal basically includes all services to be provided by MediaAnalyzer in connection with the execution of the order. It includes the delivery of a copy of the report in German. MediaAnalyzer can claim the agreed fee for the fulfillment of special requests of the client, for the delivery of additional report copies, for the creation of translations of the investigation reports as well as for the creation of preliminary or interim reports. If additional costs arise after the conclusion of the contract due to changes or additional requests by the client, MediaAnalyzer can calculate these. This also applies if such additional costs are based on other reasons, provided that these were not foreseeable when the order was placed despite the due care. Changes to the order volume after the conclusion of the contract also require an express, written agreement between the parties.
As a rule, MediaAnalyzer cannot grant exclusivity for certain product fields, objects of investigation or investigation methods. Insofar as exclusivity is agreed in justified exceptional cases, its duration and the additional fee to be charged must be specified.
The client receives the research proposals and the research reports exclusively for his own use. Unless otherwise agreed, their content may only be published in whole or in part, passed on to third parties or reproduced, printed or stored and processed in information and documentation systems for this purpose
The ownership and copyright of the research concept and the data carriers such as questionnaires that arise during the execution of the order are held by MediaAnalyzer. The client’s copyright to documents that he has compiled remains unaffected.
The client has the right to inspect the original survey documents in the MediaAnalyzer business premises. The anonymity of the informants must not be violated. If measures that are necessary in this context to protect anonymity and cause costs, these must then be borne by the client.
MediaAnalyzer is obliged to keep survey documents for one year and data carriers for a period of two years after delivery of the investigation report, unless another agreement has been expressly made.
MediaAnalyzer is obliged to treat all information received from the client as strictly confidential and to use it exclusively for the execution of the order. Unless otherwise agreed, the results obtained are only available to the respective client.
MediaAnalyzer guarantees the proper execution and evaluation of the investigation. Complaints can only be based on culpable violation of MediaAnalyzer’s duty of care. If test results are not handed over on time for reasons for which MediaAnalyzer is responsible, the client can set a reasonable grace period. After this period has expired, he can withdraw from the contract to the extent that the service specified in the order has not yet been performed. If it can be proven that the client is no longer interested in the part that has already been performed, his withdrawal shall also apply in this respect. Any damage caused by default is not to be reimbursed. In the case of deliberate or grossly negligent causing of the delay, the statutory regulation applies. If the investigation has culpably not been carried out in accordance with the order, the client can request rectification. If the improvement is not possible or is not properly completed within a reasonable period, he can reduce the claim for remuneration accordingly. Further claims are excluded. In the event of liability arising from intent or gross negligence, the statutory regulation applies. MediaAnalyzer is not liable for consequential damage of any kind that the client incurs in connection with the investigation carried out for him. In the case of willful intent or gross negligence, liability is limited to the damage that was foreseeable at the time the contract was concluded.
The agreed fees are used to finance the respective research projects. Therefore, prepayment is required, usually