TestingTime general terms and conditions
The General Terms and Conditions (GTC) apply for all agreements between TestingTime AG (TestingTime) and the client. 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 users. 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 users based on the customer’s requirements. These test users 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 users before the study begins. TestingTime, however, cannot guarantee that all the test users that the customer has requested will turn up for the study.
Test users are not employees or representatives of TestingTime. They are private individuals who use the website to participate in studies. Test users 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 users for “online”, “in-house” or “in-home” studies.
By placing an order, the customer starts the recruitment process for a number of test users 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 users.
The final price is specified when the order is placed. If the customer cancels an order, he will only be charged for those test users who were already in the lineup. As soon as there is at least one test user in the lineup, the customer must pay additional charges for profile changes and the like. The exact amount depends on the workload involved.
Immediately after the study (within 48 hours), the customer must inform TestingTime about any test users who failed to appear. The customer will not be charged for these “no-shows” and cannot make a claim for compensation for the time they had reserved for these test users.
The customer is only allowed to contact the test subjects with regards to the coordination of the study. Without the permission of TestingTime the customer must not ask a test subject to participate in a consecutive study.
4. Flat fee
A flat fee is charged for the TestingTime services. The flat fee is based on the number of test users, 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.
The invoice sent to the customer must be paid within 20 days after the invoice date (payment deadline). After 20 days, the customer shall, without further notice, come into default. The statutory provisions regarding compensation for damages and late payment interest shall apply. If we still do not receive payment, we reserve the right to initiate debt enforcement measures.
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 users. 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: April 2019