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Soorvey - Terms and Conditions Governing Soorvey's Online Survey Service
1.1 On the basis of the present Terms and Conditions Soorvey concludes agreements with Clients wishing to benefit from Soorvey's online survey service. By registering as a new user (mandatory preliminary step to taking advantage of Soorvey's online survey service), the Client simultaneously accepts the present Terms and Conditions.
Content and Scope of Service
2.1 Soorvey grants to the Client the right to use this service via the Internet. Soorvey also makes available memory space for the recording and data processing.
2.2 Soorvey sets up the server platform including all hardware and software for the operation and control of the service.
2.3 Soorvey opens an account for each user of the service.
2.4 Soorvey is entitled to modify, or offer only against payment any or all services having previously been free of charge, with 1 (one) month's notice.
Availability of Service
Soorvey does not guarantee a continuous regular operation, respectively the uninterrupted use or accessibility of the service. Consequently, Soorvey is not responsible for interruptions of service, particularly interruptions due to repairs, maintenance, and adaptations of the infrastructure or the introduction of new technologies. Any data loss that may result from such interruptions can, therefore, not be attributed to Soorvey.
4.1. The client is responsible for his own hardware and software (including programs and PC configuration), as well as his access to the Internet. He must ensure the security of systems, programs, and data which are in his sphere of influence.
4.2. When using this service, the Client is responsible to comply with all applicable legal provisions, with the present Terms and Conditions, with potential third party conditions of use, and with all additional Soorvey guidelines.
4.3. The client must keep his passwords and user names secret from third parties. It is agreed that any access with the correct user name and password is considered undertaken by the Client.
4.4. For security purposes the Client has to change his password at regular intervals. He has the possibility to do this online at any time. If Soorvey has reason to believe that the access data of the Client's account has been used by a third party without authorization, Soorvey has the right to block access. In this case, Soorvey will transmit new access data to the Client.
4.5. The meaning of "third party" as outlined under articles 4.2 to 4.4 does not apply to the employees of a Client organized as a corporation. However, the Client should be aware that only employees who actually use the service provided by Soorvey should have knowledge of the access data.
4.6. The Client must use the service in accordance with the intended purpose, i.e. carrying out online surveys. He is prohibited from misusing the service, for instance sending promotional material by e-mail (spam). Moreover, he has to ensure not to overload the server by an excessive use of the service.
4.7. The Client is solely responsible for the contents of the data transmitted to or processed by Soorvey. With regard to the data and information transmitted, it is the responsibility of the Client to check that none of these, nor any presentations contained therein, are contrary to the law or normal moral standards, and that they do not infringe third party rights. Soorvey does not have the obligation to review these conditions but reserves the right to inspect the survey topic as well as the possibility of installing an indicator of abuse ("Report of Abuse").
4.8. The Client releases Soorvey of all third party claims and has to reimburse Soorvey for all expenses incurred resulting from a breach of the Client's duties.
4.9. The Client has the obligation to provide Soorvey with all information and all documents for his defense against any such claims.
Soorvey voluntarily undertakes all appropriate, and economically viable, measures to protect, by means of current technology, the services and systems in its area of responsibility against unauthorized access or attacks from outside. Nevertheless, Soorvey does not assume any responsibility with regard to possible interventions by unauthorized third parties.
Service Fees and Payment Conditions
6.1. In principle the use of this online survey service is offered by Soorvey free of charge. However, Soorvey has the right to change these conditions at any time.
6.2. The Client has the possibility to have a "personal" member space enabling him to take advantage of various customizing options (style/design of the questionnaire and the thank-you page, addition of videos, links to one's own site or return to the site after the thank-you page). This is a paying service and the Client has to pay such service at the rates in effect.
7.1. Without prejudice to the right of Soorvey to terminate the contract immediately and without prior notice in the case of valid reasons provided for by article 10.3 of the present Terms and Conditions, Soorvey has the right to suspend completely or partially and with immediate effect the service used by the Client in case of breach of contract by him. The expenses resulting from the service's suspension are payable by the Client.
7.2. The Client is not entitled to any compensation for any damages due to suspension.
7.3. For the period of suspension, the Client remains under obligation to pay any potential use expenses.
8.1. Soorvey and its auxiliaries are required to process all data on a confidential basis.
8.2. Except as provided by applicable law, Soorvey has under no circumstances the right to disclose to third parties the results of a survey carried out by the Client.
8.3. The Client remains in every case the sole beneficiary of the survey data. He is solely responsible for archiving data in accordance with the legal requirements pertaining to safekeeping.
Disclaimer of Responsibility
9.1. Soorvey declines all responsibility for damages caused to the Client as a result of technical defects, security defects, interruptions or interferences caused by the equipment of third companies collaborating with Soorvey or on which it depends (for example the Internet providers).
9.2. This exclusion of responsibility pertains equally to contractual and extra-contractual as well as quasi-contractual claims. It applies also to the responsibility of its auxiliaries.
Contract Term and Termination
10.1. The contract between Soorvey and the Client is concluded for an indefinite period of time.
10.2. Soorvey and the Client may at any time terminate the contract by giving a notice period of one month.
10.3. If, for valid reasons, the execution of the contract becomes intolerable to Soorvey, they may terminate the contract immediately without prior notice.
10.4. As a result of the termination of the contract, Soorvey is entitled to eliminate without prior notice all data used by the Client, such as questionnaires, the list of survey participants or the results.
11.1. The rights and obligations of the contract may not be assigned by the Client to third parties without Soorvey's written consent. It is especially forbidden for the Client to make available to third parties services provided by Soorvey, such as memory locations.
11.2. The present Terms and Conditions contain all contractual intents of the contracting parties, substituting any prior agreements, written or oral, between the parties. No ancillary contracts have been concluded between the parties. All supplements or additions to these Terms and Conditions must, for validity, be in writing and be approved by the parties. This also applies to the repealing of the requirement of the written form.
11.3 If any provision of these Terms and Conditions is unenforceable or invalid, it is null and void only to the extent of its unenforceability or invalidity and must be replaced for the remainder by a valid and enforceable clause, which a party of good faith would regard as an economically sufficient substitute for the invalid or unenforceable clause. All other provisions of these Terms and Conditions remain in any case in effect.
11.4. Soorvey expressly reserves the right to amend these Terms and Conditions at any time. The new conditions are communicated to the client and are deemed accepted unless otherwise stipulated within a month.
11.5. Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The arbitral proceedings shall be conducted in English and the seat shall be in Lausanne.