These Terms were last updated on July 10, 2025 and apply to offers completed on or after that date.

This English translation is provided for the convenience of clients who do not speak German. In the event of any discrepancies, the German version shall prevail.

​

§ 1 General Information

​

1.1 All references to "the company" or "the agency" refer to Reppublika Research & Analytics Austria GmbH, a company registered in Austria (Company Register No. FN 257512 w), with its office at Karlsgasse 7/ Top 5, 1040 Vienna, Austria.

1.2 The "client" is any party that commissions a market research project or makes use of services provided by Reppublika Research & Analytics Austria GmbH.

​

§ 2 Principles of Service Delivery

​

2.1 The company provides its services as consulting offerings according to the recognized standards of the market and social research profession, using best commercial practices. However, no specific outcome is guaranteed. The company supports the client through its services but does not make business decisions. It assumes no liability for the failure of third parties in providing data or services, or for decisions based on factors outside of its control.

2.2 These Terms and Conditions apply unless explicitly altered in writing by both parties. Client terms that contradict these are excluded unless specifically accepted. In the event of conflicting terms between these and an offer document, these Terms prevail unless explicitly stated otherwise in the offer.

​

§ 3 Offers, Concepts, and Project Execution

​

3.1 The company submits a formal offer, typically in the form of a project concept, outlining tasks, deliverables, timelines, and fees.

3.2 The client may use this concept solely for deciding whether to commission the project. It is confidential and must not be shared without written consent.

3.3 If the client has a specific goal not obvious to the company, they must disclose it in writing upon request.

3.4 Exclusivity over products, deliverables, or methods is not granted unless explicitly agreed upon. Any exclusivity arrangement includes a defined duration and potential extra fee.

3.5 Upon full payment, the client receives agreed deliverables (e.g., reports, raw data) for their own use. Transferable intellectual property rights are assigned to the client unless stated otherwise. Any publication or citation must credit the company if no changes have been made. All "Power Questions" ( in German : Power Fragen/ goldene Fragen”) and segmentation algorithms remain the exclusive property of the company unless separately agreed.

3.6 Unless otherwise agreed in writing, deliverables are for the client's unrestricted internal use only. The client indemnifies the company against claims arising from unlawful use of deliverables.

3.7 If the client accesses proprietary systems or materials (e.g., dashboards), intellectual property rights remain with the company. The client receives a limited license for use as outlined in the offer. No patent, copyright, database, trade secret, or trademark rights are granted unless separately agreed.

3.8 Unless stated otherwise, the company may:

• Use deliverables made public, and the client's name and logo, for marketing purposes (e.g., website, references), unless the client objects;

• Retain and use general know-how gained during service delivery.

3.9 The company is not liable for any alterations or issues in deliverables resulting from actions or omissions by the client or third parties on the client’s behalf.

​

§ 4 Fees, Cancellations, and Project Delays

 

4.1 Fees quoted in the offer include all related services. Any client-requested changes post-acceptance require written agreement (email is sufficient) and may incur additional charges.

4.2 Unexpected and unavoidable costs may be billed separately if clearly justified and itemized.

4.3 Cancellation fees (plus VAT):

• 45+ calendar days before start: 50% of total fee

• 44 to 20 days before start: 75% of total fee

• 19 days or less before start: 100% of total fee

4.4 Delays due to company-side reasons (e.g., staffing, force majeure) are exempt and will be renegotiated promptly.

• For scheduled projects: execution must occur within the agreed timeframe; client-initiated delays allowed up to 6 months.

• For unscheduled projects: must begin within 6 months of commissioning.

• Delays over 6 months may incur up to 25% surcharge.

• Delays over 12 months may lead to price revisions.

Clients may prove lower damages to reduce or waive delay-related fees.

4.5 Changes to project scope require written agreement; company may revise feasibility and pricing accordingly.

4.6 Unless stated otherwise, invoices are issued after project completion and due within 14 days. Late payments incur a 0.1% daily penalty and collection/legal fees.

4.7 Payment schedules (e.g., 30/70 split) may be agreed upon in the offer.

4.8 Prices are in EUR (CHF for Swiss clients) unless otherwise agreed.

4.9 All fees are exclusive of VAT.

4.10 Recurring fees or hourly rates are adjusted annually for inflation based on the Eurozone Harmonised Index of Consumer Prices.

​

§ 5 Rights and Confidentiality

​

5.1 The company retains all rights to its know-how, methodology, and materials. Client use of these is prohibited without consent. Participant anonymity must not be compromised.

5.2 Clients may audit the company at their own expense with proper notice. The audit must minimize disruption and respect confidentiality.

5.3 The company stores documentation for one year and data for two years, unless otherwise agreed. Retention of personal data follows strict internal and legal guidelines.

5.4 All exchanged information is confidential unless publicly available, previously known, or independently developed. Confidentiality is indefinite. Disclosure to third parties requires consent.

5.5 Client-provided materials and their IP remain with the client. The company receives a non-exclusive license for project-related use only.

​

§ 6 Data Protection

​

6.1 Both parties must comply with GDPR and applicable Austrian data protection laws.

6.2 When acting as a processor, the company must:

• Implement technical/organizational safeguards (e.g., encryption, pseudonymization);

• Notify of breaches promptly;

• Restrict access to necessary personnel;

• Assist with data subject rights;

• Return or delete personal data post-project;

• Ensure subcontractors comply with the same standards.

6.3 For participant recruitment:

• Personal data may only be used for the specific project and must be deleted within 6 months unless legally required otherwise.

• Data retention must follow the principle of data minimization.

• No direct contact with participants outside the project.

• Secure platforms must be used for qualitative interviews.

• No use of social media platforms for project execution.

Violations incur a penalty of €10,000 per affected participant, plus additional claims for damages.

6.4 Cookies or tracking in surveys require prior written approval and user consent. The client is fully liable for any breaches.

​

§ 7 Warranties, Indemnity, Liability

​

7.1 Legal warranties apply. Clients must justify if delay renders services unusable due to company fault.

7.2 Unpredictable or client-side damages are not covered.

7.3 No guarantee of research outcomes or sample sizes, especially when difficulties are indicated in the offer.

7.4 Each party indemnifies the other for:

• Claims arising from the use of client-provided products/services;

• Gross negligence or willful misconduct;

• Breaches of contractual obligations.

7.5 Except for confidentiality or indemnity breaches, or bodily harm, neither party is liable for indirect or consequential damages (e.g., lost profits).

7.6 Liability is capped at the total amount paid within the year prior to the claim, unless excluded above.

7.7 Clients guarantee that their materials do not infringe third-party IP.

7.8 The company is not liable for subcontractors unless grossly negligent.

7.9 The company may select and manage subcontractors at its discretion.

7.10 Clients may raise valid concerns about subcontractor performance.

​

§ 8 Delays

​

8.1 Clients may set a reasonable grace period if deliverables are late or damaged. Legal rights remain.

8.2 The company is not liable for delays/damage caused by:

• External factors (e.g., client-side issues);

• Force majeure or labor disputes.

8.3 Clients retain the right to withdraw under legal conditions.

​

§ 9 Miscellaneous

​

9.1 Clients are solely responsible for materials they provide, including compliance with laws, ethical standards, and translation accuracy.

9.2 The company may collaborate with partners and strives to maintain comparable quality.

9.3 Both parties agree not to recruit each other’s staff involved in the project for 12 months post-completion, except via unsolicited or public channels.

9.4 These terms are governed by Austrian law. Jurisdiction lies with the courts of Vienna.

9.5 Changes must be in writing. Email/fax is acceptable except for terminations.

9.6 Invalid clauses do not affect the rest; they will be replaced with clauses of similar intent.

9.7 The company remains an independent contractor. Nothing creates an employment or agency relationship.

9.8 Offers are valid for 30 days unless stated otherwise.

​

​

This English translation is provided for the convenience of clients who do not speak German. In the event of any discrepancies, the German version shall prevail. Terms last updated on July 10, 2025.

​