Terms and Conditions

These terms and conditions as recommended by the ADM Arbeitskreis Deutscher Marktforschungs-Institute e.V [Association of German Market Research Institutes] com-ply with the requirements of the "International Code of Marketing and Social Research Practice" published by the IOC (International Chamber of Commerce) and the E.S.O.M.A.R (European Society for Opinion and Marketing Research).

IMIG pursues its activities in the sense of advisory serv-ices in compliance with the recognised rules of the profes-sion.

The institute will principally submit a cost quotation to the client in the form of a research proposal specifying the subject matter of research, the research design and evaluation parameters as well as the required charge and time-scale of the research.

If a quotation exceeds the scope of a framework proposal, and if the client has not specified the scope of the quota-tion, the institute will inform the client before submitting the quotation to what extent it considers the preparation of special research material such as draft questionnaires or exploratory guidelines, and what charge is payable. The institute can demand the specified charge if the client did not object and the institute expressly made reference to the charge.
The costs for discussions held off the institutes premises are reimbursable if the client has been informed of this in advance.

The charge specified in the research proposal principally covers all the services provided by the institute in the performance of the job. It includes presentation of three copies of the report in the German language.
The institute can demand payment of the agreed charge for fulfilling any special wishes by the client, for providing additional copies of the report, for translating the research reports, and for writing preliminary or interim reports.
The institute is entitled to charge for any extra costs in-curred due to the client´s wish for changes or additions after completion of the contract. This also applies if extra costs are incurred for other reasons insofar as these were unforeseeable despite reasonable care at the time the order was given.
Furthermore, changes to the scope of the contract after completion of the contract must be made expressly in writing between the parties.

The institute cannot guarantee exclusivity for certain fields of product, subjects of study, or research methods.
Insofar as exclusivity is agreed in substantiated excep-tional cases, the duration thereof and the extra charges payable therefor will be specified.

The client will be given the research proposals and re-search reports exclusively for his own use. Unless other-wise agreed, the content thereof may only be published in part or in whole, passed on to third parties, or copied for this purpose, printed or stored and processed in informa-tion and documentation systems by mutual agreement.

The institute shall retain all ownership and proprietary rights to the research concept and all material data media such as questionnaires, punch cards and magnetic tape produced during the conduct of the research. The client´s copyright to documents that he prepared remain unprejudiced.

The client can agree with the institute that he will be given and charged for a duplicate set of data.

The client has the right to inspect the original data collec-tion documents on the institute´s premises. However, the anonymity of the respondents must not be violated thereby.
If measures necessary to preserve the anonymity of the respondents in connection with the inspection incur costs, these shall be borne by the client.

Unless otherwise expressly agreed, the institute is obliged to keep data collection documents for one year and data media for a period of two years after delivering the re-search report.

The institute is obliged to treat all information provided by the client in strictest confidence, and to use such informa-tion exclusively for the performance of the order.
Unless otherwise agreed, the results of the research shall only be made available to the respective client.

The institute guarantees the correct conduct and analysis of the research. Complaints may be based solely on cul-pable violation of the duty to act with care incumbent on the institute.
If research findings are not presented by the agreed date for reasons for which the institute is responsible, the client is entitled to set a reasonable extension of the original term. After expiry of this deadline the client may withdraw from the contract to the extent to which the specified serv-ices have not been provided. If the client has verifiably lost an interest in the part of the contract already fulfilled, his withdrawal shall apply accordingly. No damages for delay shall be payable. Cases in which deliberate or grossly negligent actions lead to the delay shall be governed by the statutory provisions.
If the research has culpably not been conducted according to the order the client may demand corrections. If these corrections are not possible, or are not carried out correctly within a reasonable period, the client may reduce the claim to reimbursement accordingly. Further claims are ruled out. In case of deliberate or grossly negligent actions liability shall be limited to the damages foreseeable at the time the contract was concluded.

The client is liable for all direct or indirect damages, in-cluding those for which he is not at fault, incurred by the institute or third parties by the use of the products made available to the client.

The agreed charges serve the purpose of financing the respective research projects. Thus payment in advance is necessary: normally 50% on receipt of the order, 25% when data collection is started, and 25% upon delivery of the results. A different agreement may be reached if indi-cated by the nature of the research or the charge for the order.

The place of performance and jurisdiction is Munich.

June 2000