TestingTime general terms and conditions

1. General

The General Terms and Conditions (GTC) apply for all agreements between TestingTime AG (TestingTime) and the client. The GTC are directed exclusively to commercial customers whose usual place of residence and domicile is in Germany. TestingTime reserves the right to change the GTC at any time without notice. The latest version of the GTC can be found online at www.testingtime.com/en/terms-for-customers. If individual provisions of the GTC are or become invalid, the other provisions will remain valid.

2. Subject of the agreement

TestingTime provides customers with services related to the recruitment of test subjects. TestingTime has a database of people who are available as test subjects for various qualitative and quantitative studies (including product tests, user tests, interviews, focus groups, workshops and online studies).

TestingTime conducts studies for the customer at different locations and online. “In-house” studies take place at a particular time at the location determined by the customer. In contrast, “in-home” studies are, as agreed upon by the test subject, conducted at home. For moderated “online” studies, the study is conducted at a certain time. For unmoderated “online” studies, the test subject must participate in an online survey within a certain period of time.

After receiving an assignment from a customer, TestingTime selects suitable test subjects based on the customer’s requirements. These test subjects are contacted by TestingTime and invited to participate at the date and time specified by the customer and to sign a binding agreement. TestingTime sends a reminder to all test subjects before the study begins. TestingTime, however, cannot guarantee that all the test subjects that the customer has requested will turn up for the study.

Test subjects are not employees or representatives of TestingTime. They are private individuals who use the website to participate in studies. Test subject profiles are based on information that they provide. This information is not reviewed by TestingTime. TestingTime shall not assume liability for the actions or omissions of test subjects. TestingTime shall not assume liability for the implementation, content and/or results of studies.

3. Conclusion of the agreement

TestingTime develops and operates a software platform (website) that enables the customer to recruit test subjects for “online”, “in-house” or “in-home” studies.

By placing an order, the customer starts the recruitment process for a number of test subjects fitting a certain profile (“screener”).

The offer to conclude an agreement is issued by the customer when order form is completed in full and the “Order now” button is clicked. The agreement comes into binding effect when TestingTime accepts the order.

TestingTime will then recruit and schedule the requested number of test subjects.

The final price is specified when the order is placed. If the customer cancels the order at least four days before the first study, the order price will be fully refunded. If the customer cancels an existing order less than four days but more than 72 hours before the first study, 50% of the order price will be refunded. For cancellations less than 72 hours before the first study, no refund will apply. For changes that are requested less than 72 hours before the first study, 10% of the order amount will be invoiced as an additional charge.

The customer is obligated to report test subjects who did not show up (no-shows) to TestingTime immediately after the study is carried out.

4. Flat fee

A flat fee is charged for the TestingTime services. The flat fee is based on the number of test subjects, the number of requested criteria and the type and duration of the study.

The customer will be issued a refund for every person that does not show up for the study.

5. Payment

The invoice sent to the customer must be paid within 30 days after the invoice date (payment deadline). After 30 days, the customer shall, without further notice, come into default. The statutory provisions regarding compensation for damages and late payment interest shall apply.

6. Liability

All cases of breaches of agreement and their legal consequences, as well as all claims by the customer, irrespective of the legal basis for such claims, are governed conclusively in the GTC. Claims for liability shall not exceed the value of the order. Exclusion of liability shall not apply in the event of intent or negligence.

TestingTime shall not assume liability for the actions or omissions of test subjects. TestingTime accepts no liability for the implementation, content and/or results of studies.

7. Choice of law and jurisdiction

The relationship between the parties shall be subject exclusively to Swiss law. The place of jurisdiction for disputes arising from contractual relationship based on the GTC is in Zurich.

8. Written form

All other agreements between the parties shall only be valid if drafted and confirmed in writing. This shall also apply to any changes to the written requirement.

State: August 2016