General Terms and Conditions

Scope and Terms

(1) These general terms and conditions apply to all contracts between HR-Meter and the respective customer.

(2) These general terms and conditions apply exclusively. We do not recognize any contradictory or deviating terms and conditions of our customer. Exceptions can be made if we expressly agree to contractual changes in written form (e.g. with a letter, fax, or e-mail).

Finalization of Contract

(1) After placing an order, the customer will receive an e-mail confirming the receipt, as well as the content of the order. This e-mail is solely for information purposes and does not constitute a contract.

(2) The contract between HR-Meter and the customer is binding once we confirm the order in written form, specifically with an e-mail, within three days after receipt of the order. The confirmation leading to the finalization of the contract can be sent in conjunction with the information referred to in paragraph 1.

(3) Once we fulfill an order, the acceptance of the order is tacitly implied without the written confirmation referred to in paragraph 2.

Subject Matter

(1) Through the use of our internet platforms, we provide our customers with services for automated employee surveys and candidate screening, specifically software tools which can be edited and configured such as the online questionnaire HR-Meter. The customer is contractually entitled to the services and the use of the software tools. The use of the services and tools does not guarantee a specific outcome.

(2) The manner and scope of services provided by HR-Meter and the payment due from the customer are determined by the customer’s order and our confirmation of such. Specifically these are:-the profile desired by the customer, -the questions desired by the customer, -the scope of user rights for the software tools desired by the customer, -simple or multiple user possibilities, -start date of use, -number of maximum surveys, -end date of use, -the timetable for the transmission of the data and the results to the customer, -the payment due from the customer

(3)The provided services and software tools are for the exclusive use of the customer. The customer is prohibited from transferring the user rights to third parties or from acting on behalf of a third party.

Online Questionnaire

(1) We provide the customer, in accordance with the contractual service description, with an online questionnaire on our internet platform. The customer is authorized to establish a link between his website, or in his e-mails, and the online questionnaire.

(2) The online questionnaire will be edited and configured in accordance with the customer’s instructions. Specifically, the customer chooses the content of the questionnaire, as well as the desired profile and questions. The customer should be aware that the quality of the results is dependent on the type of his chosen questions and the ability to evaluate these. Open-ended questions are less suited than either-or questions, multiple choice, or quantitative responses. As a result, HR-Meter cannot guarantee the quality of the evaluation and the results.

(3) Access to the online questionnaire will be provided at the time agreed to, in writing, with the customer. If a time period is not specified, access will be provided within three days after the customer inputs the contents of the online questionnaire. We cannot be held accountable for delays caused by the customer’s inputs, regardless if they result from content or technical difficulties. Access will be provided within the timeframe specified in writing and agreed to by the customer.

(4) In mutual commercial transactions, the customer is responsible for testing the online questionnaire immediately after access has been provided and to report any possible defects without delay. According to such commercial transactions, obvious defects have to be reported once access to the online questionnaire is provided and hidden defects upon their discovery. If the customer does not observe this notification period, it is assumed that the online questionnaire has been approved as is.

(5) The customer is solely responsible for the contents which are to be published in the online questionnaire, specifically for their correctness and legality. We are not obligated to examine the contents, which are to be published in the online questionnaire, for any violations of law or ordinances, infringement of third party rights, or offences against public morals (“prohibited contents”). With his initial request, the customer indemnifies us against any liability for all third party claims resulting from prohibited contents or other violations of the law. The indemnity encompasses possible legal costs resulting from prosecution.

(6) We reserve the right to refuse a customer’s order, or to subsequently remove contents already published in the online questionnaire if these are deemed to be prohibited. The customer will immediately be notified should this occur. The customer is, nonetheless, liable for full payment. Reimbursement is not warranted by these circumstances.

Intellectual Property

(1) The customer is purchasing merely a user right, for a specified duration and scope, to the software tools of HR-Meter. Therefore, the customer does not acquire any ownership, copyrights, licenses, or other intellectual property rights pertaining to the software tools, through this contract. All rights to the utilized software tools, identifying features, titles, trademarks, copyrights and other commercial rights belonging to HR-Meter remain exclusively in our possession.

(2) We retain the exclusive copyright and/or other proprietary rights for all online questionnaires prepared and made available by us even if the customer has chosen the contents, profiles or questions. The customer does not acquire any copyright and/or other proprietary rights upon making payment.

Fees and Payment

(1) Unless otherwise specified in a written agreement between the customer and ourselves, the prices can be determined by accessing our pricelist as published in the internet under HYPERLINK The pricelist published in the internet at the time we receive the order from the customer is binding. Our prices are shown exclusive of the respective sales tax.

(2) The customer will receive an e-mail with the invoice in PDF format. Upon request, the customer will receive a hardcopy of the invoice per mail.

(3) Payment can be made exclusively with MasterCard, Visa or American Express.

(4) The customer is entitled to a setoff if his counterclaim is legally binding or indisputable. The customer is entitled to a retaining lien only if his counterclaim is based on the mutual contractual relationship.

Handling of Data

(1) By placing an order, the customer agrees that data collected for the processing and completion of his order can be processed and used by HR-Meter.

(2) HR-Meter will adhere to the privacy policy (link), as well as to relevant legal requirements for the protection and security of data when collecting, processing and utilizing data collected through its internet platform software tools.

(3) Data from job applicants and survey participants collected and processed by HR-Meter through its software tools will be transmitted to the customer at the end of the utilization period along with the evaluation results. After transmission, the customer is solely responsible for the storage of data in his domain. Personal data will be deleted by HR-Meter one month after transmission to the customer.

(4) The customer ensures that after transmission of the data all legal requirements for the protection and security of data in his domain are met.


(1) The parties to this contract agree to handle all information and data acquired from the other party in conjunction with the preparation of and compliance with this contract with the utmost confidentiality, and to prevent access by third parties, as long as and to the extent that this information a) is not widely available, b) is not made available by a third party not bound by the confidentiality agreement, c) was already known to the contractual party before receiving the information.

(2) The confidentiality agreement does not end with the termination of the contract. Affiliated enterprises, as well as person or enterprises entrusted to fulfill the terms of the contract by the respective contractual parties, do not function as third parties as long as they are or will be obligated to adhere to the confidentiality agreement.

Guarantee of Availability

(1) We provide the customer with access to our services and software tools on our internet platform. We solely guarantee the best possible availability of the data based on the customary technical standard. The customer should be aware that the current technical standard does not guarantee that software will always be free of all errors, and that our data may, through no fault of our own, not always be available. Specifically, we do not accept liability if our data, i.e., our services or software tools, are not available, through no fault of our own, -in case unsuitable graphics software and/or hardware (e.g., browser) is utilized or, -in case of interruptions in the communication network of other providers or, -in case of interruptions at the web hosting provider, internet provider or online services or, -in case of incomplete and/or not updated offers on so-called proxy servers (intermediary servers) of commercial and private provider and online services or, -in case of electrical outage or, -in case of a force majeure.

(2) In cases described in paragraph 1, the customer is entitled to extend the period of accessibility to the software tools for the length of time of the interruption.

(3) The customer is entitled to an error free accessibility if we are responsible for the defective access to our software tools. If we are unwilling or unable to provide access within a reasonable timeframe, or the software has other defects for which we are at fault, the customer is entitled to withdraw from the contract or to a reduction of the payment due.


(1) HR-Meter, as well as our representatives and assistants, is not liable for damages resulting specifically through delay, non-performance, faulty performance or unauthorized actions, unless these are in violation of the principal obligations which the customer is entitled to have fulfilled. Exemption from liability does not apply in cases of wrongful intent and gross negligence, or in cases of liability for explicitly guaranteed characteristics.

(2) To the extent that principal obligations are violated through negligence in the aforesaid sense, liability is limited to the usual contractual damages.

(3) In all cases involving business people, liability for gross and ordinary negligence, even if intentional, of agents who are not legal representatives or executive-level employees, is limited to the usual and customary damages which in such cases are typically foreseeable and not controllable by the customer.

(4) We are liable for compliance with product liability codes.

(5) When we make online questionnaires available, we are not guaranteeing a minimum number of participants, nor are we liable for any investments made by the customer in the course of finalizing the contract, e.g., in the belief that there will be a minimum number of participants. Unless explicitly specified, any liability toward the customer, and toward third parties in regard to potential contractual liability, is completed and fundamentally precluded.

(6) There are no changes in the burden of proof to the detriment of the customer connected with the aforementioned regulations.

Links to Third Party Sites

Our internet platforms provide links to third party internet sites. We are not responsible in any way for the privacy policies, security of data, or content of these external internet sites. The authors of these linked sites are solely liable for any illegal, erroneous or incomplete contents, especially for any damages resulting through the use of linked information.


(1) All legal relationships between the contractual parties are subject to the laws of the Federal Republic of Germany, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) Place of performance of services is Munich, Germany.

(3) If the customer is a business person, juristic person under public law or a public fund, or does not have a general place of jurisdiction in the Federal Republic of Germany, then all disputes arising from the contractual relationship shall exclusively fall under the jurisdiction of the courts located in Munich, Germany.

(4) A customer without a residence, corporate domicile or branch office in Germany is obligated to name a resident agent as his representative.

(5) Additional agreements, as well as amendments and addenda to the contract, have to be in writing to be binding. This includes the reversal of this stipulation.

(6) HR-Meter reserves the right to make changes to these terms and conditions at any time. The revised terms and conditions are binding for all contractual relationships entered into after the changes were made. HR-Meter also reserves the right to make changes to the terms and conditions governing current contractual relationships. In this case, the customer can reject the changes by stating so in writing within two weeks after receipt of the new terms and conditions. In case of a rejection, HR-Meter can cancel the contract, in writing, within two weeks after receipt of the rejection.

(7) Should any terms of this contract be found to be invalid or to contain omissions, the validity of the remaining terms shall not be affected. The contractual parties are obligated to substitute a term which most closely reflects the intent of the invalid term, or corrects the omission.




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