Terms of Service
TERMS OF SERVICE
These Terms of Service (“TOS” or “Terms”) define the agreement between, and terms governing, the service offered by Collect-Reviews.com (“Collect Reviews”) as defined within the Service Agreement entered into between Collect Reviews and the company or entity requesting said services (“Company”).
The services offered by Collect Reviews include, but are not limited to, the collection of reviews, ratings and other forms of feedback from end customers of the Company. This includes systems and software for the collection of feedback directly from end customers of the Company, publication and aggregations of these reviews online, and tools for monitoring, management and analysis of collected reviews.
By entering into the Service Agreement, the Company acknowledges and agrees to these TOS. These TOS, as set out below, define the terms under which Collect Reviews agrees to provide services to the Company.
By accepting the below Terms of Service, the Company also acknowledges that all services provided are subject to our Data Policy and all processes outlines therein.
1. Definitions and Terminology
“End Customer” is a customer of the Company who is eligible to give Feedback, such as in the form of ratings and reviews, as set out in these Terms.
“Feedback” refers to all kinds of content, including written and numeric ratings and reviews, provided by the End Customers of the Company to Collect Reviews as a result of a Feedback Request being sent to them following a transaction with the Company.
“Feedback Request” refers to communication between Collect Reviews and End Customers of the Company inviting them to submit Feedback regarding a previous transaction between the End User and the Company.
“Service Agreement” is the contractual agreement entered into between Collect Reviews and the Company for the provision of services as outlined in the Service Agreement and these Terms of Service. This may be referred to in various contexts as “Agreement”, “Contract”, “Purchase Agreement”, “Order Form” or “Service Contract”, or by other other titles wherein the body of text clearly states that the agreement constitutes the Service Agreement between Collect Reviews and the Company.
“Service Period” is the length of the contractual agreement for the provision of services from Collect Reviews to the Company. Unless otherwise stated, this period will renew and repeat in an uninterrupted manner until such time as the Service Agreement is terminated as per these Terms of Service.
“Certified Reviews Page” refers to the webpage where Collect Reviews publishes ratings and reviews that have been collected for the Company, along with official information regarding the Company and summarised information regarding the collected Feedback. Where the Company owns and operates multiple websites for which Collect Reviews collects Feedback, individual Certified Reviews Pages may be created for each website, as outlined in the Service Agreement.
“Marketing Materials” refers to any seals, widgets, gifs and images representing the Collect Reviews brand and the specific Company feedback. Marketing materials are showcased in the Company’s website (or websites).
“Client Backend” is a login protected area in which the Company is able to modify its own account settings and email templates as well as to visualize its ratings and reviews, reply to feedback that has been left and download Marketing Materials and scripts.
2.1 By accepting the Service Agreement, the Company enters into a legally binding contract with Collect Reviews for the provision of the stipulated services. By entering into the contract, the Company declares that they are operating a commercial or professional service and are a legal entity entitled to enter into such agreements and transactions.
2.2 The Service Agreement can be entered into via online form, email, or postal mail. The legal effects of the contract shall commence on the date of signature (or date of submission, in the case of online acceptance).
3.1 Collect Reviews offer services enabling the collection of reviews, ratings and other forms of Feedback from End Customers of the Company. Specific included services, as well as applicable limitations and conditions, are defined by the particular service package selected and outlined in the Service Agreement.
3.2 Any changes to the scope of service must be agreed to in writing by both parties. In the absence of such agreement, the provision of service shall be limited to the services outlined in the selected service package within the original Service Agreement.
4. Copyright, Licensing and Ownership Rights
4.1 Marketing Materials
For the duration of the Service Period, the Company shall have the right to publication of certain Marketing Materials on the website(s) associated with the Company as outlined in the Service Agreement. In the case of termination of service by either party, the right to publication of these materials shall lapse in full.
These Marketing Materials include Collect Reviews Widgets and Seals made available to the Company, or created for the Company by Collect Reviews upon request. Independently created materials containing any Collect Reviews logo, trademark, or otherwise referencing Collect Reviews must be approved in writing by Collect Reviews prior to publication.
Any publication of Collect Review logos, trademarks or other copyrighted material in any other context, both online and offline, require the previous written consent of Collect Reviews.
4.2 Systems and Services
Throughout the duration of the Service Agreement, Collect Reviews shall provide the Company with access to various tools and systems, including those for the collection, publication, monitoring and analysis of End Customer Feedback. All applicable rights to access and use of these tools and systems shall end with the expiry or termination of the contract. No ongoing rights, in whole or part, to any aspect or component of Collect Reviews technology or services is transferred to the Company.
Throughout the duration of the Service Agreement, Collect Reviews shall collect Feedback from End Customers on behalf of the Company. The content of this Feedback will be published by Collect Reviews on the Certified Reviews Page of the Company hosted on the Collect Reviews website and made accessible for publication on the Company website via marketing materials provided by Collect Reviews to the Company. Additionally, Collect Reviews reserves the right for further publication of reviews in whole or part within the Collect Reviews website. Collect Reviews shall also make this content available to, or publish via, third parties, such as Google, insofar as this is necessary for providing the services outlined in the Service Agreement.
Throughout the duration of the Service Agreement, Collect Reviews shall retain legal ownership of the collected content, including all rights to publication. Exceptions to this include those defined by these TOS, such as the publication of reviews contained within marketing materials provided by Collect Reviews, and any other written agreements between Collect Reviews and the Company allowing further publication by the Company.
Upon ordinary termination of the Service Agreement, and in the absence of violations of these TOS on the part of the Company, the Company shall be entitled to claim transfer of ownership of all Feedback collected by Collect Reviews on their behalf. Following such a request Collect Reviews shall provide the Company with files containing full and complete copies of Feedback and the Company shall have full and complete rights to publication of this material.
5 Conditions and Requirements
5.1 The Company at all times shall ensure that relevant company and contact information is up to date and correct. Any changes to this information must be notified to Collect Reviews immediately.
5.2 The Company is obligated to ensure that at all times the material provided by Collect Reviews is used in an accurate and correct manner. It is expressly forbidden to attempt to modify any Collect Reviews Marketing Material or in any manner circumvent the system from accurately and wholly representing current review content, ratings, or other relevant information. It is expressly prohibited to use any version of Collect Reviews Marketing Materials which do not match accurate and current information for the Company as per the Certified Reviews Page. The Company is also expressly forbidden to engage in any behaviour aimed at unfairly influencing ratings and review information, including submitting reviews directly on its own behalf, engaging other parties to submit reviews on its behalf, or otherwise encouraging fraudulent, inaccurate or dishonest reviews by any means, such as by compensation or reward.
5.3 The Company shall use the services and tools provided by Collect Reviews to enable Feedback to be collected from either all End Customers of the Company, or a clearly defined subset of those End Customers. In the case of collection via a subset, the Company is obligated to communicate this in writing to Collect Reviews. Where there is a potential that the subset is not accurately representative, Collect Reviews may require that this information is stated on the Certified Reviews Page for clarity. It is expressly prohibited to attempt to influence the ratings and reviews through selective invitation for Feedback from specific End Customers or subsets.
5.4 During the term of the Service Agreement, the Company shall be provided access to materials, tools and content provided by Collect Reviews. These are provided confidentially and intended solely for access and use by the Company. Access to these materials, as well to relevant credentials for accessing the Client Backend is limited to authorised representatives of the Company. The Company is obligated to notify Collect Reviews of any suspected breach or unauthorised access.
5.5 The Company is wholly responsible for ensuring that their use of the services provided by Collect Reviews is in adherence with relevant local laws and regulations. In particular the Company is responsible for ensuring that they are not in breach of relevant data protection and privacy laws in regards to their End Customers and that all communications with End Customers via Collect Reviews are in adherence with relevant laws and regulations governing advertising, data privacy and electronic communications. Collect Reviews does not accept any liability for any failure or breach of these requirements.
5.6 Additionally, the Company is responsible for ensuring the accuracy of any provided contact information and for ensuring that they have obtained any required consent from their End Customers regarding the solicitation of Feedback. In order to maintain internal communication standards, Collect Reviews retains the right to delay, suspend, or otherwise modify service at any time if the contact information for End Customers has an inaccuracy rate higher than 1% (as measured by undeliverable Feedback Requests), or in the instance of complaints from End Customers regarding the Feedback Request (End Customers reporting Feedback Requests as “Spam”).
5.7 Beyond the scope of the above, the Company is further obligated to ensure that their products, services and business operations are in compliance with relevant laws and regulations within the applicable jurisdictions. Where Collect Reviews has reasonable grounds to believe that the Company is in potential violation, this shall be grounds for immediate and extraordinary termination of the Service Agreement.
5.8 The Company shall in no way associate the Marketing Materials provided by Collect Reviews, or the Collect Reviews brand in general, with any content, products or services which contain or promote any objectionable material or activities, including, but not limited to, content of a racist, offensive, discriminatory, violent or illicit nature. In such instances, Collect Reviews retains the right to restrict or modify the use of any Marketing Materials, or to terminate the Service Agreement.
6. Review Content
6.1 To the greatest extent possible, Collect Reviews commits to providing full and transparent reflections of all Feedback received. As a rule, no Feedback will be altered or amended except under the following circumstances:
i. Where the Feedback contains content which Collect Reviews does not publish as a rule. This includes profanity, objectionable, or verifiably false content, private information, and references to third parties (such as a competitor of the Company).
ii. The review text contains meaningless or irrelevant information, the written content directly contradicts the numeric rating provided by the same End Customer, or otherwise is not relevant to the nature of the Feedback that was requested.
iii. Collect Reviews is compelled to remove or modify specific content as the result of a legal order or comparable and reasonable request from a relevant authority.
iv. An explicit request from the End Customer to remove or modify the content which they submitted (insofar as authorship is able to be ascertained).
6.2 Collect Reviews explicitly reserves the right to amend, modify and expand these guidelines, including retroactively, where these changes are undertaken in good faith to protect all parties involved, including from any potential liability, while upholding transparency to the highest degree possible. In particular this applies to any unforeseen issues arising from publishing of certain content which conflicts with current or future applicable laws and regulations surrounding the publication of such material.
6.3 Where Collect Reviews has reasonable suspicion that Feedback received is fraudulent or has been collected in a manner which violates these TOS, Collect Reviews reserves the authority to delete the Feedback concerned, to take steps to prevent the End Customer from submitting further Feedback, and/or to take steps to terminate the Service Agreement with the Company where appropriate.
7. Improper Use
7.1 If Collect Reviews has reasonable beliefs that the Company has violated the duties established in this TOS document, Collect Reviews is entitled to take action in the form of: partially or completely blocking access to all tools and services provided by Collect Reviews to the Company and/or to prevent the display of the Certified Reviews Page and Marketing Materials on the Company’s website or websites and to terminate the contract without notice. The activation of the present clause will not affect the right of Collect Reviews to pursue the claim of damages or any other outstanding entitlements established within the Service Agreement.
7.2 The Company is liable for any attributable damages done to Collect Reviews and any of its current or future affiliates that are a direct result of any violations of the duties and actions described in the present TOS.
8.1 Each party shall keep Confidential Information strictly confidential and shall not, without the disclosing party’s prior written consent, disclose the other party’s Confidential Information except as set forth herein. Concerning the present document, “Confidential Information” is defined as:
i. all documents, know-how, software, emails, negotiation recollections and technology, shared in order to make available the use of the Collect Reviews services or ii. any other information made available by the disclosing party to the receiving party in relation to the contracting of the services provided by Collect Reviews to the Company, whether this information is explicitly marked as “confidential” or not. The term “Confidential Information” excludes any information that is i. known by the receiving party prior to being made available for the contracting of the services provided by Collect Reviews; ii. of public knowledge, as long as it becomes public through no fault, action or inaction of the receiving party; iii. independently developed by the receiving party; iv. that was lawfully given to the receiving party by a third party; or v. that is required by law to be disclosed by the receiving party. In the case of any kind of legal orders requiring the receiving party to provide information that would otherwise be considered confidential, the receiving party shall give the disclosing party written notice of such requirement.
8.2 Both parties agree that they will take reasonable precautions in order to safeguard and protect the confidentiality of any and all information covered by the “Confidential Information” definition provided in the present TOS; such precautions must be comparable to the precautions the receiving party takes to protect its own Confidential Information. In the exercise of this contract, each party commits to disclosing any and all Confidential Information exclusively to employees who need to have knowledge of such Confidential Information in relation to the agreed services, and who have in turn, signed a written non-disclosure agreement with their contracting party, similar in content to the present section of this TOS, prior to any disclosure of the Confidential Information.
8.3 Personal data that is transmitted to Collect Reviews will be exclusively used in relation to the the contractual relationship, the execution of the contracted services, and other related purposes, including, but not limited to: internal compliance, fraud prevention, and data auditing. Collect Reviews will not share personal data with unaffiliated third parties. Collect Reviews declares and warrants to be in compliance with all applicable privacy laws in accordance with the European Data Protection Laws in relation to the collection, use, safeguarding, disposal and disclosure of Personal Information.
9. Duration of Contract and Contract Termination
9.1 The duration of the provision of service, “Service Period”, is defined within the Service Agreement. Unless explicitly stated within the Service Agreement, the contract, provision of service, and all relevant applicable terms shall automatically renew and extend for a further Service Period until such time as the Service Agreement is terminated. For ordinary termination of contract by the Company, notice must be provided in writing no later than 7 calendar days before the end of the current Service Period where the service period is 3 months or less, or 30 calendar days where the Service Period exceeds 3 months. This does not alter the right of Collect Reviews to implement an immediate termination on the grounds of violation of these TOS. Modifications to the agreed Service Period outlined in the Service Agreement must be confirmed in writing.
9.2 The date of the commencement of the first Service Period shall be defined as the first day on which the implementation and access of the Collect Reviews tools and services has been completed, namely that the Company has been provided credentials to their Client Backend and the technical implementation has been completed to enable the Company to begin collecting Feedback as per the Service Agreement. Both parties agree to endeavour to complete this process in a timely manner by making available relevant persons, resources and technical information for the implementation of these services. Where the Company has failed to complete implementation within 30 days of the commencement of the Service Agreement, without prior written agreement, Collect Reviews shall reserve the right to commence the first Service Period by default.
9.3 At the discretion of Collect Reviews, an official date of commencement of the first Service Period may be nominated which is later in time than the date on which some or all tools and services are first made available to the Company. In such cases, the Company is still bound by all relevant obligations and terms regarding the use of all services and tools made available in advance of the official commencement date.
10. Payment and Billing Terms
10.1 As a rule, payment of applicable Base Fees is due no later than the last day of the calendar month in which the applicable Service Period begins and payment of applicable Flexible Fees is due no later than the last day of the calendar month following the calendar month in which the fees were incurred. All fees, including Flexible Fees, associated with initial establishment of the services provided by Collect Reviews, including any set-up fees, customisation fees, and other one-off fees associated with establishment of services, shall fall due with the first payment of Base Fees. Further exceptions to this may be defined within the Service Agreement or agreed to explicitly in writing.
10.2 Collect Reviews reserves the right to terminate service for non-payment. This shall include the right to delete all Feedback collected on behalf of the Company, deletion of the Company’s Certified Reviews Page and removal of access to all Collect Reviews tools and services.
11. Disclaimers, Liability and Indemnification
11.1 Disclaimer. With the exception of the declarations expressly made by Collect Reviews in this or any updated forms of the present document of TOS, Collect Reviews makes no other guarantees, of any kind, type or form, whether statutory, expressed or implied. The services offered and provided by Collect Reviews to the Company are “as is”, and the Company accepts them in those terms. Collect Reviews in no way guarantees that their services will be accessible, available and error-free at all times. The Company declares that they understand and accept that delays or interruptions in the service, access or transmission may happen, whether due to technical or any other circumstances, including, but not limited to, fortuitous events or force majeure.
11.2 Liability. Collect Reviews understands it may be liable for any damage it or its employees cause, either intentionally or as a result of gross negligence.
11.3 Exclusion of liability. Both parties understand and agree that they are in no event liable to the other in regards consequential, indirect, incidental, non-foreseeable, special or punitive damages, including in the case of lost data or lost profits arising from the performance of the tools, services and activities described in the present TOS or any future updates or versions. Where Collect Reviews provides to the Company ad-hoc analysis, advice, consultations, and technical information and recommendations not included within the contract’s scope, it is understood that these are being provided in good faith and without charge and are excluded from any possible liability claims. Collect Reviews is in no way liable for any negative impacts of the service provided to the Company, including any stagnation or fall of the Company’s sales following the engagement of Collect Reviews’ services, even in if these are in any way connected to negative ratings and/or reviews. Collect Reviews is excluded from any liability in the presence of server and/or software errors, breakdowns or technical problems of any kind and their potential consequences, including but not limited to, during the installation of any of the systems necessary for Collect Reviews to provide the Company with the contracted services. Collect Reviews is in no way liable for services or product functionalities provided by third parties, even if connected to the activities described in this document of TOS.
11.4 Limitations of Liability. For any and all claims, losses, expenses, injuries, or damages arising out of or in any way related to the services provided by Collect Reviews, the Company agrees that in no event shall the total, cumulative liability exceed the total amount payable or paid by the Company to Collect Reviews for the performance of the contracted services.
11.5 Indemnification. The Company shall indemnify, defend and hold Collect Reviews harmless from and against any and all damages, liabilities, and expenses (including attorney fees) related to any legal claim or action brought about by, or threatened by, any third party against Collect Reviews as a result of, or in connection with, any breach of the Company’s obligations under this or any future versions of the TOS governing the services.
12. Concluding Provisions
12.1 These Terms of Service are governed by the laws and regulations of Germany. The place of jurisdiction for any and all disputes arising from this contract, or the business relationship between Collect Reviews and the Company, is Berlin, Germany.
12.2 In the case of one or more of the clauses established in the present TOS becoming invalid, both parties understand and agree that the remaining clauses remain valid and in full force and effect. Should one or more of the clauses contained in the present TOS become invalid, it/they will be replaced with a valid clause(s) that most closely covers the invalid clause’s meaning and intent.
12.3 Any and all amendments, additions and termination notices regarding the present TOS will only be deemed valid if made in writing.
12.4 Collect Reviews agrees to inform the Company in writing about any changes to these TOS. Should the Company object to any amendments or additions to these TOS, the Company is obliged to notify Collect Reviews of explicit objection in writing within a period of 30 days. If the Company has not notified Collect Reviews of any objection, the amended TOS shall come into full force and effect upon the expiry of this deadline.