General Terms and Conditions
These General Terms and Conditions (“GTC“) apply for all agreements between TestingTime AG (“TestingTime“) and the customer (“Customer“).
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.
2. Subject of the agreement
2.1 Services of TestingTime
TestingTime provides Customers with services related to the recruitment of test users (“Test Users“) for various qualitative and quantitative studies, including product tests, user tests, interviews, focus groups, workshops and online studies (“Studies“). Such services may include in particular:
- the operation and maintaining of a database of Test Users (“Database“), including specific information on the individual Test User.
- the development and operation of a software platform (“Website“) that enables the Customer to place orders for the recruiting of Test Users for Studies.
- the recruiting of Test Users on behalf of its Customers.
2.2 Types of Studies
TestingTime recruits Test Users for the following types of Studies on behalf of its Customers:
- “In-house Studies” take place at a time and location determined by the Customer.
- “In-home Studies” are conducted at a time determined by the Customer at the location determined by the Test User.
- “Moderated Online Studies” are conducted online at a time determined by the Customer.
- “Unmoderated Online Studies” are conducted online at a time determined by the Test User (within a certain period of time).
2.3 Test Users
Test Users are not employees or representatives of TestingTime. They are private individuals who use TestingTime’s services to participate in Studies.
Test User profiles are based on information provided by the Test Users themselves. This information is not reviewed by TestingTime. TestingTime is not liable for the actions or omissions of Test Users.
3. Conclusion of the agreement
3.1 Order and Acceptance
The offer to conclude an agreement is issued when Customer completes the order form on the Website and clicks the “Place a binding order” button (an “Order“). Each Order includes the requested number of Test Users, the required characteristics of Test Users as well as the date and type of the Study.
The agreement regarding the Order comes into binding effect when TestingTime accepts the Order. If TestingTime does not reject the Order within two working days, TestingTime is deemed to have accepted the Order.
After accepting the Order, TestingTime starts the recruitment process for Test Users fitting a certain profile, as defined in the Order.
3.2 Selection of Study participants
TestingTime selects suitable Test Users based on the Customer’s requirements. These Test Users are contacted by TestingTime and invited to participate in the Study as 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 requested by the Customer will turn up for the Study.
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 final price is specified when the order is placed.
As soon as there is at least one Test User in the lineup, the Customer must pay additional charges for amendments to the Order. The exact amount depends on the workload involved and will be specified upon Customer’s request for amendment.
If the Customer cancels an order, he will only be charged for those Test Users who were already in the lineup.
3.4 Non-appearing test users
If possible, TestingTime seeks an adequate replacement for Test Users who fail to appear for the Study.
In case such a replacement cannot be found in time, Customer will not be charged resp. refunded for Test Users who failed to appear for the Study, if Customer informs TestingTime within 48 hours after the Study.
Customer cannot make a claim for compensation for the time they had reserved for these Test Users.
3.5 Non-Solicitation of Test Users
The Customer is only allowed to contact the Test Users with regards to the coordination of the study. Without the permission of TestingTime the Customer must not ask a Test User to participate in a consecutive study.
The invoice will be sent two days after the full delivery of the Study. The Customer must pay the invoice within 20 days after the invoice was sent. 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.
The parties are liable for direct damages arising in connection with the GTC and all related agreements up to the amount of the value of the respective Order.
In the event of indirect damage or consequential damage, such as, loss of profit, unrealised savings, loss of business or additional expenses incurred by the Customer, to the extent permitted by law, TestingTime shall only be liable in the event of gross negligence or intent.
TestingTime shall not assume liability for the actions or omissions of Test Users. TestingTime accepts no liability for the implementation, content or results of Studies.
6. 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.
If individual provisions of the GTC are or become invalid, the other provisions will remain valid.
8. Choice of law and jurisdiction
These GTC and all contractual relationships based on these GTC are governed by Swiss law with the exclusion of conflicts-of-laws provisions of the Swiss Code of International Private Law and the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is Zürich, Switzerland.
State: June 2021