Terms of use

§ 1 Subject Matter

(1) These Terms of Use apply to contracts between VYFSTER GmbH, represented by its managing director Maximilian Kayser,, Wilhelmshavener Heerstraße 9-17, 26125 Oldenburg
(“VYFSTER”) and the respective principal, who is willing to use the evaluation system for self-evaluation (“end customer”),  as described in §1.

 

(2 VYFSTER operates an independent evaluation system for self-evaluation which customers of the principal (hereinafter referred to as: „end customers“) use to assess products and/or services of the principal online (hereinafter referred to as „customer assessment“). According to these Terms of Use VYFSTER offers the principal the use of the evaluation system as well as various services in connection with the preparation, execution and analysis of the customer assessments as well as the possibility for the principal to react to customer evaluations.

 

(3)  Subject matter of these Terms of Use is the rights and duties of the parties in connection with the provision and use of the evaluation system from VYFSTER for the company and the principal’s offers.

 

§ 2 VYFSTER’S Duties

(1) VYFSTER shall make sure that during the operation of the evaluation system the applicable data protection regulations are adhered to.

 

(2) VYFSTER enables the customer assessment according to the customer’s choice in anonymised or in personalised form. VYFSTER shall not make public the customer evaluations.

 

(3) VYFSTER shall not be responsible for the content of the customer assessments made and does not need to legally evaluate the customer assessments in particular.

 

(4) It is not in the responsibility of VYFSTER to provide possibilities of remote data transmission for the principal or the end customers.

 

§ 3 Principal’s responsibilities

(1) It rests with the principal to point out to his end customers the possibility of customer evaluation.

 

(2) The principal will point out to his employees that end customers exclusively are allowed to participate in the evaluation system, and in particular that self-evaluations are not allowed.

 

§ 4 Term

This agreement will come into force upon confirmation by VYFSTER and will be in force for an unlimited period of time. It can be terminated at any time with a period of notice one month to the end of a month. Notice has to be given in text form. The right of extraordinary notice for important reasons remains untouched.

 

§ 5 Changes and Amendments to the Terms of Use

(1) Changes or amendments to this agreement, including this text form provision and terms of Use, need to be in text form to be valid.

 

(2) To change or amend this agreement it is sufficient for VYFSTER to inform the principal about the change or amendment at least three months in advance in text form. Should the principal contradict to the change or amendment in text form until one month before the announced change or amendment taking effect at the latest, this is regarded a cancellation of this agreement which will become effective at the time of the announced entry into force of the change or amendment. The right of termination according to §5 par. (2) remains unaffected.

 

§ 6 Final Provisions

(1) This agreement and the Terms of Use are subject to German law, excluding the conflict of laws as well as excluding the United Nations Convention on Contracts for the International Sale of Goods.

 

(2) Exclusive place of jurisdiction is, as far as acceptable, the registered seat of VYFSTER.

 

(3) Should any provision of this agreement be or become wholly or partially ineffective or inexecutable, this does not affect the validity of the remaining provisions. In this case the parties undertake to replace the ineffective or inexecutable provision by an effective resp. executable provision which in its economic effects and according to the purpose of this agreement comes as close to the provision to be replaced as possible.