The EUROPEAN REAL ESTATE BRAND INSTITUTE GmbH (REB) and the REAL ESTATE BRAND BOOK Verlag GmbH (REBB) operate exclusively on the basis of these terms and conditions. Agreements deviating from these terms and conditions must always be agreed in writing in order to be effective.
REB and REBB provide analytical and advisory services. In doing so, they make use of scientifically recognised methods of market research in relation to the issue at hand.
REB and REBB submit offers in the form of research proposals and advertising impact. These specify the scope of the task and the individual steps involved in the research study – methodology, scope of services – as well as the foreseeable time required and the fee. If REB and REBB are to submit an offer which goes beyond the scope of a framework proposal, it shall inform the interested party before drawing up the research proposal to what extent the preparation of special research documents (e.g. survey questionnaires, sampling plans, documentation, etc.) is necessary and what fee shall apply. REB and REBB may demand the indicated fee insofar as the interested party has not objected despite appropriate reference and granting of a reasonable period of notice. The copyright of REB and REBB remains unaffected.
The fee stated in the offer includes all services to be rendered by REB or REBB for the execution of an order corresponding to the research proposal; the fee includes the delivery of three copies of the report in German language. REB and REBB may claim an appropriate additional fee for special requests by the client, e.g. for the delivery of additional copies of the report, the presentation of results to the client and the preparation of preliminary and interim reports.
The content and scope of the orders placed with REB and REBB shall be governed exclusively by the written agreements concluded between REB and/or REBB and the client. Changes to the order volume after conclusion of the agreement shall also require express written agreement. Insofar as client requests result in additional costs for REB or REBB, they shall be entitled to adjust the fee accordingly. The same shall appliy if additional costs are incurred for other reasons for which REB or REBB are not responsible.
In principle, REB and REBB do not grant exclusivity for specific product fields, research subjects or research methods. Exceptions shall require a written agreement in which the duration of the period of exclusivity and the additional fee to be charged must also be specified.
The agreed fee serves to finance the research project and/or the effective ness of the advertising campaign, which is why an advance payment is generally required. Unless otherwise agreed in writing, 50% of the fees shall be due upon placement of the order and 50% upon delivery of the research results or services. In addition to the agreed fees and prices, REB and REBB shall charge the current statutory value-added tax at their respective rates. Fees and costs for services are due for payment immediately after invoicing without any deduction.
The client receives research proposals and research reports exclusively for his own internal use. Any publication, even partial, of such content by the client shall therefore require the prior written consent of REB or REBB. The same shall apply to any other transfer of information about or from the research work carried out by REB and REBB to third parties (customers, suppliers, field staff, etc.), whether by duplication or printing, whether by storage and processing in or output from information and documentation systems.
Intellectual property rights, copyrights and ownership rights of the research concept and the material (research proposals and reports, questionnaires, data carriers) arising during the execution of the order, etc., shall remain the exclusive property of REB or REBB. The client’s copyright to documents that he has prepared remains unaffected.
REB and REBB undertake to treat all information received from the client as strictly confidential and to use it exclusively for the execution of the order or the provision of the service. Should the methodology and the approach adopted for the study allow, the client may agree with REB and/or REBB that the study’s findings are made available exclusively to him, i.e. the exclusivity of the results is assured to him. Even with such an agreement, however, the right of REB or REBB to use the methodological and scientific findings from the study for their own purposes remains unaffected.
Unless otherwise expressly agreed in writing, REB and REBB shall keep survey documents for one year from the date of delivery of the study report. The client may agree with REB and/or REBB that a duplicated anonymous data record will be made available to him against payment of a separate fee.
REB will carry out and evaluate the commissioned research with all due care. However, REB cannot guarantee that certain research results or research objectives will be achieved. Complaints about the study, in particular about its methodological design and evaluation, can only be based on a culpable violation of REB’s duty of care. Findings obtained only once the research project is underway cannot constitute a breach of due diligence in the design of the study. If REB has culpably breached its duty of care, it undertakes to remedy the defect. If a subsequent improvement is not possible or is not carried out within a reasonable period of grace set by the client, the client may reduce the fee appropriately. Further claims for compensation of direct or indirect damages, of any kind whatsoever, incurred by the client in connection with the research carried out for him are excluded, unless REB is liable for wilful intent or gross negligence.
If the research results are not handed over on time for reasons for which REB is responsible, the client may set a reasonable grace period, but may not withdraw from the contract after this grace period has expired. Further claims, in particular claims for compensation for damage caused by delay, are excluded unless REB is liable for wilful intent or gross negligence.
The liability of REB for damages of any kind for which it is responsible is in any case limited in amount to the total amount of the fee agreed for the relevant assignment.
The client shall be liable for all direct and indirect damages incurred by REB and REBB or third parties as a result of the use or application of the products provided by the client.
REB and REBB require that the client does not use L. Ron Hubbard’s technology and is not a member of the International Association of Scientologists (IAS), a member of the World Institute of Scientology Enterprises (WISE) or a member of the Scientology Church. The same applies to REB and REBB. REB and REBB further require that the client is not acting on behalf of any other sect or political group.
The place of performance and jurisdiction – to the extent that the client is a registered trader, legal entity under public law or special fund under public law or does not have a general place of jurisdiction in Austria – shall be the registered office of REB in Vienna and the registered office of REBB in Berlin.
Any ineffective provision or provisions in these Terms and Conditions shall be replaced by a permissible provision which corresponds as closely as possible to the original economic purpose of the ineffective provision or provisions. In all other respects, the provisions of the General Contractual Terms for the Performance of Services (VOL/B) shall apply.
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