Public contract offer
Public contract offer (hereinafter referred to as the "Offer") for the provision of services by the Simple Forms system.
1. This Offer constitutes an official and binding offer from Anyfield UG (haftungsbeschrankt) directed to an indefinite group of individuals who accept this Offer for the paid provision of services by Anyfield UG (haftungsbeschrankt) utilizing the https://simpleforms.online
Internet service. The Offer signifies the intention of Anyfield UG to enter into a contract for the provision of services on the terms and conditions outlined herein.
2. Upon acceptance of the conditions stated below and payment for the services, the legal entity or individual accepting this Offer shall become the Customer. Acceptance of the Offer constitutes the conclusion of an agreement on the terms outlined in the Offer, and both the Contractor and the Customer are collectively referred to as the Parties to the Offer agreement.
3. Given the aforementioned, we kindly request that you carefully review the contents of this Public Offer.
4. The commencement of the Customer's usage of the website located at https://simpleforms.online
, along with the Customer's payment for the Contractor's services, signifies the acceptance and consent of the Customer to this Offer, subject to the following conditions:
4.1. By agreeing to the terms and accepting the conditions of this Offer, the Customer affirms and guarantees the Contractor that:
4.2. The Customer utilizes personal data and information during the registration process within the System;
4.3. The Customer voluntarily enters into the contract offer and possesses a complete understanding of the terms, subject matter, and implications of the Offer and the contract offer;
4.4. The Customer possesses all the necessary rights and authority required for the conclusion and execution of the contract offer.Terms and DefinitionsOffer
refers to the text of this document, including all annexes, amendments, and additions to it, which is posted on the Contractor's website and accessible on the Internet at: https://about.simpleforms.onlineAgreement
denotes a service contract, including all documents that constitute its content, such as annexes, amendments, additions, and other agreements, entered into between the Contractor and the Customer on the terms of the Offer.Acceptance
of the Offer signifies the complete and unconditional acceptance of the Offer by the Customer, as evidenced by the actions specified in section 7 of the Offer, thereby establishing an Agreement between the Customer and the Contractor.Contractor
refers to Anyfield UG (haftungsbeschrankt).Customer
refers to the individual or entity who accepts the Offer and becomes the Customer of the Contractor's services under the executed contract based on the Offer.Parties
collectively refer to the Contractor and the Customer.Contractor's Equipment
represents a software and hardware complex that enables the distribution of survey tasks through the website https://simpleforms.onlineCustomer's Equipment
refers to the equipment used by the Customer for the purpose of programming survey templates, distributing tasks among interviewers, and submitting completed surveys, meeting the requirements for data exchange with the Contractor's Equipment.Reporting Period
denotes a calendar month.Template
signifies a structured form for conducting surveys, consisting of a list of questions, possible answers, and logical transitions.Survey
represents a completed template in which at least one logical sequence of question transitions has reached the end of the template.Manager
refers to the representative of the Customer responsible for task allocation to Interviewers, overseeing the template completion process, and uploading the results.Interviewer
refers to a direct employee of the Customer who conducts surveys of respondents using the SimpleForms system. They receive a list of tasks to fill out various Survey templates within specified deadlines, either online or offline using an end device.
In the absence of specific definitions, terms or expressions used in this Offer shall be interpreted in accordance with the text of the Offer. If an unambiguous interpretation cannot be derived from the Offer, the interpretation shall be based on the documents constituting the Agreement between the Parties.Subject Matter of the Agreement
2.1. The Contractor, identified as Anyfield UG, offers the utilization of the SimpleForms System, which it owns and develops, in accordance with the terms and conditions specified in this Agreement.
2.2. The Contractor undertakes the obligation to provide services for consolidating the results of completed surveys, while the Customer agrees to accept and remunerate the services provided, as per the terms outlined in this contract, within the prescribed amount and time frame.
2.3. The Contractor grants the Customer access to the website https://simpleforms.online
, utilizing the HTTPS encryption protocol, with a trusted SSL certificate. The access is granted through the provision of an automatically generated login and password. The Contractor's employees and third parties do not have access to the Customer's password.
2.4. The extent of services rendered, including the creation of survey templates and the distribution of tasks to Interviewers, as stipulated under this Agreement, is determined by the Customer independently through appropriate actions performed on the website https://simpleforms.onlineRights and Obligations of the Parties
3.1. The Contractor shall be obligated to:
3.1.1. Ensure uninterrupted operation of the Contractor's Equipment throughout the duration of the Agreement, except during scheduled maintenance and/or repair work.
3.1.2. Notify the Customer in advance about any potential temporary disruptions in the operation of the Contractor's Equipment due to maintenance or preventive work. The Contractor undertakes to inform the Customer of such work at least 1 (one) working day prior to the commencement of the work via email.
3.1.3. Provide the Customer with information support regarding the use of the System through email at firstname.lastname@example.org
, in accordance with the regulations posted on https://about.simpleforms.online
3.1.4. Independently update the current version of the System's software components on the Contractor's Equipment free of charge during the term of the Agreement, notifying the Customer through available means.
3.1.5. Provide all necessary documents related to the execution of the Agreement within the specified time limits, using mechanical or other means of copying, electronic digital signature, or other equivalent of handwritten signatures of managers and the organization's seals. The Parties agree that documents signed and executed in the manner described in this clause shall have legal force and be binding upon the Parties. Upon additional request, it is possible to send paper originals of documents.
3.2. The Customer shall be obligated to:
3.2.1. Assume full responsibility for the security of their login and password and shall not transfer or provide them to third parties. All actions carried out on the website https://simpleforms.online
using the Customer's login and password shall be deemed to have been performed by the Customer.
3.2.2. Make timely and full payment to the Contractor for the services rendered under this Agreement, in accordance with Section 4 and within the time limits established by this Agreement.
3.2.3. Sign and submit to the Contractor the Certificates of Acceptance for the services provided by the Contractor to the Customer by sending them via email to the address email@example.com
3.2.4. When using the System, the Customer must comply with the relevant legislation regarding the content and other data included in the surveys.
3.3 Limitation of Liability
3.3.1. The Parties acknowledge that the SimpleForms System is based on software, and the Contractor does not provide any guarantees, whether express or implied, that the System will meet the Customer's requirements or expectations. The Contractor assumes no responsibility for the system's conformity to the intended use or the Customer's economic expectations.
3.3.2. The Contractor shall not be liable for any actions of the Customer related to the use of the System, including unfounded expectations or failure to achieve anticipated economic (marketing) or other outcomes.
3.3.3. The Contractor shall not be liable to the Customer or the Customer's Clients for any damages incurred by the Customer due to the loss and/or disclosure of their data for accessing the System.
3.3.4. The Customer acknowledges that the use of third-party software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, tablets, etc.) is necessary to work with the System, and the Contractor cannot be held responsible for the quality of their performance.
3.3.5. The Customer acknowledges that no software is free from errors.Cost of Services and Payment Procedure
4.1. The prices for the Services are specified on the website https://about.simpleforms.online
4.2. The indicated prices do not include any additional taxes required by the laws of the countries where the parties to this agreement reside. Each party is responsible for paying their own taxes in accordance with the tax laws of their respective countries.
4.3. On a monthly basis, no later than the 3rd (third) business day of the month following the reporting month, the Contractor shall send the Customer the following documents via email to the Customer's specified address:
4.3.1. Invoice for the rendered services.
4.3.2. Certificate of Acceptance of the rendered services, in duplicate, based on the data of the settlement system.
4.3.3. Within 5 (five) calendar days from the date of receiving the documents from the Contractor, the Customer is required to review the submitted documents, sign the Certificate of Acceptance of the Rendered Services, or provide written objections regarding the acceptance of services. If the Customer's objections are justified, the Contractor undertakes to rectify the identified deficiencies at its own expense or proportionally reduce the cost of services. After the rectification, the acceptance of the Contractor's services shall be re-evaluated. If the Customer fails to provide signed certificates or valid objections within the stipulated period, the services shall be deemed accepted in full and of satisfactory quality. Once the certificates are signed, the Customer cannot make claims regarding the quantity, cost, and quality of the Services.
4.4. The exchange of documents between the Contractor and the Customer shall be conducted via email in the form of scanned documents with signatures and seals. Paper originals of the documents can be sent upon request.
4.5. Payment shall be made in EUR from the Customer's settlement account to the Contractor's settlement account within 10 calendar days from the date of signing the Certificate of Services Rendered.
4.6. The date of service provision shall be indicated in the Certificate of Acceptance of Services Rendered.
4.7. The date of payment of the invoice shall be considered as the date of funds transfer to the Contractor's settlement account.Responsibility
5.1. The Parties shall be held accountable for the inadequate performance of their obligations under this Agreement in accordance with the applicable laws.
5.2. The Contractor shall not be held responsible for the functioning and availability of specific segments of communication networks.
5.3. The Contractor shall not be liable for any losses or damages incurred by the Customer as a result of utilizing the Contractor's services under this agreement.Force majeure circumstances
6.1. The Parties to this Agreement shall be released from liability for the complete or partial failure to fulfill their obligations if such failure directly resulted from force majeure circumstances, which are events that were unforeseeable or beyond their control. Such events include natural disasters, armed conflicts, the enactment of regulatory or law enforcement acts by governmental or local authorities, and other actions that are beyond the reasonable anticipation and control of the Parties.
6.2. In the event of the occurrence of the circumstances specified in clause 6.1 of the Agreement, each Party must notify the other Party in writing, accompanied by confirmation from the Chamber of Commerce and Industry or another competent authority, within 5 (five) days from the date of the occurrence of such circumstances. The notice should contain information about the nature of the circumstances, an assessment of their impact on the Party's ability to fulfill its obligations under the Agreement, and an estimate of their expected duration.
6.3. If the circumstances specified in clause 6.1 of the Agreement arise, the deadline for fulfilling the Party's obligations under the Agreement shall be extended proportionally to the duration of these circumstances and their consequences.
6.4. If the force majeure circumstances persist for more than one month, the Parties shall engage in additional negotiations to identify acceptable alternative means of fulfilling the Agreement, or the Agreement may be terminated extrajudicially through a unilateral refusal to fulfill obligations initiated by either Party.Acceptance of the Offer and Conclusion of the Contract
7.1. The acceptance of the Offer by the Customer establishes an Agreement between the Customer and the Contractor based on the terms of the Offer.
7.2. The Customer can accept the Offer by performing any of the following actions:
7.2.1. Agreeing to the terms of the Offer on the website https://simpleforms.online
by clicking the "accept" button in the "settings" section.
7.2.2. Making a payment for the provision of Services (including advance payment).
7.3. The Agreement is considered concluded from the moment the Contractor receives the acceptance of the Offer.Validity and Amendment of the Offer
8.1. The Offer remains valid until it is withdrawn by the Contractor.
8.2. The Contractor reserves the right to modify the terms of the Offer and/or withdraw the Offer at its discretion at any time. Information regarding the modification or withdrawal of the Offer will be communicated to the Customer by posting on the Contractor's website or by sending a corresponding notification to the email address provided by the Customer during the Contract conclusion or execution.
8.3. In case of Offer withdrawal or amendments, the changes come into effect from the moment the information is communicated to the Customer, unless another specific effective date is specified in the Offer or additional notification.
8.4. The documents specified in the Offer, which are binding on the Parties, are subject to approval, supplementation, and modification by the Contractor at its own discretion and will be brought to the attention of the Customer in the manner prescribed for notifying the Customer of Offer changes.Validity, Amendment, and Termination of the Agreement
9.1. The Agreement becomes effective upon the Customer's acceptance of the Offer and remains in force until termination of the Agreement.
9.2. The Customer agrees and acknowledges that any changes made to the Offer and/or the documents referenced therein, which are binding on the Parties, automatically modify the existing Agreement between the Parties. If the Customer does not refuse to accept the Agreement on the new terms before the specified effective date and continues to use the Services provided under the Agreement after such period, the amendments to the Agreement shall come into effect concurrently with the amendments to the Offer and/or the referenced documents. The Contractor's notification of changes to the Offer and/or the referenced documents is deemed to have been effectively communicated to the Customer upon posting such changes on the website.
9.3. In the event of the Contractor's withdrawal of the Offer during the term of the Agreement, the Agreement remains valid based on the Offer's latest version, including all the referenced documents that bind the Parties.
9.4. The Agreement may be terminated:
9.4.1. By mutual agreement of the Parties at any time.
9.4.2. At the initiative of the Contractor through unilateral termination in case of the Customer's breach of obligations under the Agreement.
9.4.3. At the initiative of either Party with at least 30 (thirty) calendar days' prior notice to the other Party.Other Provisions
10.1. The validity, conclusion, and execution of the contract are governed by the applicable laws. Any matters not addressed by the Offer or not fully resolved shall be governed by the law.
10.2. Disputes arising from the Offer and/or the Agreement shall be resolved through preliminary negotiations. If the Parties fail to reach a resolution, the disputes shall be submitted to the Arbitration Court at the Contractor's location.
10.3. Unless otherwise specified in the Offer, any notices under the Agreement may be sent by email from one Party to the other Party.
10.4. If any provision of the Offer or the Agreement is found to be invalid or unenforceable for any reason, it shall not affect the validity of any other provision, which shall remain in full force and effect.
10.5. Without prejudice to the terms of the Offer, the Parties may, at any time, execute the concluded Agreement in the form of a written document that reflects the content of the valid Offer at the time of its execution, the documents referenced therein that are binding on the Parties, and the Customer's application for the provision of Services.
10.6. The Customer bears full responsibility for ensuring that the information provided in the Questionnaires complies with the current legislation.
10.7. The Contractor and its employees do not have access to the Customer's data contained in the surveys, Templates, and other components of the Projects. The Customer's employee with the Administrator role controls the level of access to their Projects.
10.8. The Parties acknowledge and agree that the data from the accounting system, reflecting the actual usage of the consumed services, as displayed on the Contractor's website at https://simpleforms.online/SF#Balance
, are accurate and sufficient for determining the volume and cost of the services provided.Annexes to the Offer
11.1. The following elements are an integral part of this offer:
11.1.1. Annex No. 1 - "Price List," available for free access on the internet at: https://about.simpleforms.online
11.1.2. Annex No. 2 - "Confidentiality Terms," publicly available on the internet at: https://about.simpleforms.online/docs/privacypolicy
11.1.3. Annex No. 3 - "Information Support Regulations," publicly available on the internet at: https://www.simpleforms.online/docs/