§ 1 Subject Matter
(“VYFSTER”) and the respective principal, who is willing to use the evaluation system for self-evaluation (“end customer”), as described in §1.
§ 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.
(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
(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.