nuggets – market research & consulting GmbH and nuggets –research & digital GmbH (hereafter referred to as Agency) exercises its activity as a consulting service provider in agreement with the acknowledged regulations of the profession.
The Agency provides interested parties with an offer in the form of a study proposal, in which tasks, study methods, samples and time scales are detailed, together with the associated fee. If an offer is to exceed the scope of a framework proposal, the Agency shall inform the interested party, prior to issuing the offer, of the extent to which it sees the drawing-up of special study documentation to be necessary. This special study documentation may be, for example, draft questionnaires or exploration guidelines. The Agency shall also inform the interested party of the associated fees for these services. The fees indicated may be charged if the interested party does not raise objections to them. The costs incurred for discussions outside of the business premises of the Agency are also to be remunerated (if the interested party has been previously informed of this).
The fee named in the study proposal comprises fundamentally all of the performances to be provided by the Agency in the fulfilment of the contract. This includes the provision of reports electronically. Special requests on the part of the client, for the provision of additional reports, for any further translations and the provision of preliminary and intermediate reports may be subject to additional fees on the part of the Agency. If, following closure of the contract, requests on the part of the client for additional or amended performance are stated, or if other costs are incurred for which the Agency is not responsible, the Agency may also invoice these costs. Moreover, all amendments to the contract following closure require the express, written agreement of the two parties.
Exclusivity for certain product fields, study subjects or study methods is not, as a rule, guaranteed by the Agency. If, in the case of justified exceptions, exclusivity has been agreed upon, the duration of this is to be determined, together with the associated fee.
The client receives the study proposals and study reports solely for his own use. The contents may only be wholly or partially published or provided to third parties with the written authorisation of the Institute, and not copied, printed or stored in information storage and retrieval systems, processed or entered for this purpose.
Ownership and copyright of the study outcome, together with material created during the implementation of the contract (data media, questionnaires etc.) remains with the Agency. The client’s copyright of documents that he has created remains unaffected by this.
The client has the right to inspect original survey documentation on the premises of the Agency. However, the anonymity of respondents may not be breached. If measures required to protect the anonymity of respondents result in costs being incurred, these costs are to be borne by the client.
The Agency is not obliged to preserve survey documentation longer than two years following provision of the study report, so long as no other agreement has been expressly made.
The Agency is obliged to handle all information transferred to it by the client in a strictly confidential manner, and to use it exclusively in the implementation of the contract. The findings of the study, unless otherwise agreed, are at the sole disposal of the respective client.
The Agency guarantees the orderly implementation of the study, whereby it reserves the right to co-operate with other institutes, or to employ providers of online samples, field organisations and test studios, where required. In the same way, the orderly evaluation of the study is also guaranteed. Complaints may only be raised concerning a culpable breach of the duty of care to which the Agency is subjected.
If, for reasons within the responsibility of the Agency, study findings are not transferred within the deadline set, the client may set an appropriate extension. Following the expiring of this extension he may withdraw from the contract to the extent that the performance contained within the contract has not been supplied; should the client have no interest in the performance that has already been provided, then his resignation applies so long as possible damages for delay are not to be compensated. In the event of intentional or grossly negligent causation of the delay, statutory regulations apply.
If the study has not been performed in the manner laid down in the contract, and this for culpable reasons, the client may demand a subsequent improvement. If the subsequent improvement proves to be impossible, or is not completed within an appropriate time limit, the client is entitled to reduce the fees falling due. Further claims are excluded. In the event of intentional or grossly negligent causation of the delay, statutory regulations apply. The Agency is not liable for consequential loss of any kind that the client incurs in connection with a study carried out by the Agency. In the case of intent or gross negligence liability is limited to the loss foreseeable at the time in which the contract was closed.
The client is liable to the Agency for all loss directly or indirectly incurred, including nonculpable loss, by the Agency or third parties from the application of products made available by the client. The client exempts the Agency fundamentally from the claims to regress of third parties, so long as these arise from loss arising from products that have been made available or requested.
The agreed fees serve to finance the respective proposed study. Therefore, advance payments of study fees are required, comprising 50% on commissioning of research and 50% on transferral of the findings.
Insofar as the scope of the study or the sum of the contract permit, an alternative agreement may be made.
For the contract designation the material and procedural law of the Federal Republic of Germany applies exclusively.