1 Introduction
These General Terms and Conditions form an integral part of the quotations and order confirmations issued by Qualitest AG, Rosenberghöhe 3, 6004 Lucerne. Upon acceptance of the quotation or the order confirmation, the client accepts these General Terms and Conditions as part of the contract, unless otherwise agreed.
2 Quotation/Contract
Quotations are based on a detailed briefing from the client, setting out precise objectives and information regarding the timetable, nature and scope of the survey, and the reporting requirements. The quotation sets out the scope of work, the survey design (methodology, scope of services) and the criteria for analysis, the format of the report and the estimated time required, as well as the fee charged for these services. Quotations are valid for 90 days.
The contract between the client and Qualitest AG is concluded when the client places an order and Qualitest AG accepts it. Orders may be placed verbally by telephone or in writing by email or post. Qualitest AG accepts the order by sending the client an order confirmation (by email or post).
3 Service provision
The quotation/order confirmation serves as the basis for the scope of the order and sets out the specifications for the services to be provided by Qualitest AG. In the event of study parameters that differ from those in the quotation or that have been newly added (especially selection criteria that affect the incidence rate of the targeted population), the feasibility will be reassessed and, where appropriate, declared as ‘best effort’.
Qualitest AG carries out the assignment with due care and in accordance with the recognised principles of market and social research. Regarding professional ethical standards, Qualitest AG adheres to the guidelines of ESOMAR and Swiss Insights.
Qualitest AG does not, as a matter of principle, guarantee the client exclusivity in relation to specific product areas, test subjects or test methods.
The client shall provide Qualitest AG with the documents necessary for the fulfilment of the contract in good time. Qualitest AG shall not be liable for any delays or shortcomings caused directly or indirectly by the client or accepted by the client. Qualitest AG shall, to the best of its knowledge, fill in any missing information and exercise its discretion in the client’s best interests; subsequent complaints by the client are excluded.
Qualitest AG offers no guarantee that the estimated sample size will be achieved, or that the survey and the analysis of the results will be carried out on schedule, should unforeseeable events occur to the best of its knowledge and belief. Such events include the willingness of the target respondents to participate, their absence during the estimated survey period, or difficulties in locating these respondents due to highly restrictive selection criteria (quotas).
Qualitest AG may engage third parties to fulfil the contract. In such cases, Qualitest AG is responsible for ensuring that the third parties provide the services properly and adhere to the agreed prices. If third parties are engaged by the client, Qualitest AG accepts no liability for the proper provision of services or compliance with the agreed prices.
The client must notify Qualitest AG in writing of any defects within 10 days of receiving the relevant information. Qualitest AG is entitled to rectify such defects.
4 Fees
All prices are based on the quotation / order confirmation issued by Qualitest AG. Qualitest AG accepts no liability for third parties’ compliance with these prices.
Any additional services requested by the client or changes to the study design that complicate the project and are not listed in the original quotation / order confirmation – such as changes to the selection criteria (quotas), additional presentations, copies of reports, translations, preliminary and interim reports, etc. – will be quoted for and invoiced separately following consultation with the client.
Should the client request any changes or additions after the contract has been concluded, the additional costs will be invoiced. Qualitest AG will confirm the relevant additional order with the client in advance and will only carry out the additional services once the client has confirmed them.
If the provision of services to Qualitest AG is made more difficult or rendered impossible as a result of changes to the terms of performance (e.g. changes to quotas, the sample size or duration of the survey, deadlines, etc.), Qualitest AG shall be entitled to estimate and charge for the additional costs incurred or to withdraw from the contract.
50 per cent of the total contract sum is payable upon placing the order, with the remainder due upon completion of the project. Invoices are issued exclusively in Swiss francs or euros. Customers with their head office or a branch in Switzerland or the Principality of Liechtenstein will be charged the applicable VAT rate (currently 8.1%). Payments are to be made net without deduction.
5 Data Protection / Property Rights and Copyright
The ownership rights and copyright in any data and material arising during the project, and in all reports drawn up by Qualitest AG, shall remain with Qualitest AG. Data shall only be disclosed to the client in anonymised form, unless the respondent has expressly consented to such disclosure. The client may only use the data supplied to them for their own use or to the extent specified in the contract. Where the data is used for advertising purposes, a clear reference to Qualitest AG as the originator of the data must be included.
Qualitest AG shall only disclose reports, expert opinions and other written deliverables arising from the contract to third parties with the client’s written consent. Qualitest AG may destroy the data and documents in its possession 12 months after the project’s completion, provided that no written request from the client for their return or destruction has been received before the expiry of this period.
Qualitest AG guarantees to the client that it will not disclose to third parties any specific data and/or client-specific knowledge arising from the conduct of the study without the client’s express authorisation. However, Qualitest AG may reuse general findings from the study, e.g. for standardising the wording of questions or for calculating anonymised average values from several studies conducted for different clients. It shall ensure that third parties cannot deduce the results of the study or the identity of the client from the use of this know-how.
6 Confidentiality
Qualitest AG does not disclose the identity of the client in connection with a specific assignment. It is obliged to treat all information received from the client as strictly confidential and to use it solely for the purpose of carrying out the assignment.
Qualitest AG is entitled to cite the customer’s name as a reference, without referring to a specific order or its contents.
7 Liability of Qualitest AG
Qualitest AG carries out the research (collection, recording, analysis and processing of data) with due care in accordance with the principles of market and social research. Where the terms of the commission allow for discretion, Qualitest AG will interpret these to the best of its knowledge and belief.
Claims may only be based on a culpable breach of the duty of care incumbent on Qualitest AG in the conduct of the investigation.
Qualitest AG accepts no liability for the suitability of the selected testing facility and the information gathered for the use intended by the client, nor for the accuracy of the information provided to the client.
Liability for consequential or indirect damages (e.g. loss of profit or other financial loss, loss of data, loss of earnings, etc.) is excluded.
8 Liability of the client
The client shall be liable for all direct and indirect losses, including those for which it is not at fault, incurred by Qualitest AG or third parties because of the use of the products supplied by the client.
9 Invoicing
The agreed fees are intended to finance the respective research projects. For this reason, payment in advance is required: half upon commencement of the contract, and half upon delivery of the results. Where the nature of the research or the contract sum so warrants, alternative arrangements may be made.
10 Governing Law / Jurisdiction
Swiss law shall apply. The place of jurisdiction for the settlement of any disputes arising from contracts with our clients shall be the registered office of Qualitest AG.
Qualitest AG – Institut für Marketing- und Sozialforschung
Rosenberghöhe 3
6004 Luzern
Member of the Swiss professional association Swiss Insights and of ESOMAR
Lucerne, august 2026