1. creative analytic 3000 GmbH (hereafter referred to as the institute) operates as an advisory service provider in accordance with the recognised regulations of the trade.

2. The institute makes the interested party a quote in the form of a research proposal stating the objectives, the test design and points of analysis as well as the asked fee for the research. If a quote goes beyond the scope of a basic proposal, the institute informs prior issuing the quote how far it considers the preparation of special research documents, e.g. questionnaire drafts or exploration guides, necessary and what fee is to be paid for this. It can demand the stated fee if the interested party does not contradict. The costs of meetings outside the institute’s offices are to be reimbursed (provided the interested party was informed of this beforehand).

3. The fee stated in the research proposal basically includes all the services to be performed by the institute in connection with the study. It includes the delivery of 3 report copies in German. The institute can claim additional fees for special client wishes, for the delivery of additional report copies, for the translation of the research reports and for the preparing of pre or interim reports. If additional costs arise after completion of the contract due to the client’s wish for changes or supplements or due to other reasons for which the institute is not liable, the institute can invoice these. Every change in the commissioned volume after completion of the contract further requires an express written agreement between the parties.

4. The institute does not usually grant exclusiveness for certain product fields, research objects or research methods. If in exceptional cases exclusiveness is justified and agreed, the duration of this and the fee to be additionally charged is to be fixed.

5. The client receives the research proposals and reports solely for his own use. Their contents are only allowed to be completely or partly published or passed on to third parties with the written consent of the institute. They are not to be duplicated, printed or stored, processed or entered in information storage or retrieval systems for this purpose.

6. The institute has the right of ownership and copyright on the research conception and material produced in carrying out the research (data carriers, magnetic tapes, questionnaires etc.). This does not affect the client’s copyright on documents he prepared.

7. The client can arrange with the institute to receive two sets of data for a fee.

8. The client has the right to see the original investigation documents on the institute’s premises. However, the anonymity of the informants must not be infringed. If measures required to protect anonymity involve costs, these have to be met by the client.

9. The institute is not obliged to keep research documents for longer than one year and data carriers for longer than two years after delivering the research report, 
in so far as a different agreement has not been expressly reached.

10. The institute pledges to treat all the information received from the client strictly confidentially and to use it solely for conducting the commissioned research. The gained research findings are only available to the respective client unless otherwise agreed.

11. The institute guarantees the correct conducting of the research although reserves the right to co-operate with other institutes if the need arises or to use field organisations and test studios. The correct processing of the research data is likewise guaranteed. Complaints can only be based on professional negligence on the part of the institute.

If research findings are not handed over on the agreed date for reasons for which the institute is liable, the client can grant an appropriate extension. After this deadline has expired, he can withdraw from the contract in so far as the services laid down in the commission have not been performed; should the client’s interest in the already performed part have provably ceased, his withdrawal also applies here. No compensation is due for any default damages. In the event of wilful or grossly negligent causing of the default, the legal regulations apply.

If the research has culpably not been conducted as commissioned, the client can demand amendment.

If the amendment is not possible or is not correctly completed within an appropriate period, he can reduce the remuneration. Further claims are ruled out. If liability is based on wilfulness or gross negligence, the legal regulations apply.

The institute is not liable for consequential damages of any kind that arise for the client in connection with the research conducted on his behalf; in the event of wilfulness or gross negligence, liability is limited to the damage foreseeable at the time of completing the contract.

12. The client is liable to the institute for all direct and indirect damage resulting for the institute or third parties from use of the products provided by the clients even if this is no fault of his.

The client fundamentally exempts the institute from the claims for compensation of third parties in so far as these are the result of damage caused by provided or demanded products.

13. The agreed fees serve to finance the respective research projects. For this reason, advance payment of the research fee is necessary from a net value of Euro 15.000, namely 50% on commissioning of the study and 50% on delivery of the results.

To the extent that the research design or the contract sum makes it seem appropriate, a different agreement can be reached.

14. The following indemnity costs apply for workshops, focus groups and face-to-face explorations that are cancelled at short notice.
Cancellation from 7 working days prior to test start: 
facility rental, recruitment costs and organisation costs.
Cancellation from 3 working days prior to test start: 
in addition: project director fee: 
basic daily rate Euro 1,000.-
cancellation from 1 working day prior to test start: 
in addition: incentives
Working days are from Monday to Friday

15. Just the substantive and procedural laws of the Federal Republic of Germany apply to the contractual relations.

16. Place of performance and jurisdiction is Frankfurt.