Terms and Conditions
1. Scope and parties
These terms govern all contracts for Space Lens assessments between Leon van Gerwen GmbH, Rainstrasse 16, 6390 Engelberg, Switzerland (“we”, “us”), trading as State of Culture, and the ordering party (“the client”).
Our services are directed exclusively at businesses, public bodies and other organisations acting in a professional capacity. We do not contract with consumers. By placing an order the client confirms that it is acting in the course of its business or professional activity.
Deviating terms of the client do not apply unless we have agreed to them in writing.
2. Formation of contract
The presentation of Space Lens on this website is an invitation to place an order, not a binding offer. The client submits a binding offer by completing the order form and paying for the assessment. The contract comes into effect when we confirm the order by email.
We may decline an order, in particular where the participant list is incomplete or implausible, where the stated survey period cannot be met, or where legal obstacles exist. In that case any amount already paid is refunded in full.
3. Scope of services
Unless agreed otherwise, an assessment comprises the following for each booked group:
- sending the survey invitation to the participant addresses supplied by the client
- up to two reminders on the dates chosen by the client
- collection and evaluation of the responses during the survey period
- a report covering the culture profile, the workplace behavior profile and the resulting spatial implications, delivered to the email addresses named by the client
The report is delivered within number working days after the closing date of the survey.
Space Lens is a diagnostic instrument. It describes tendencies and patterns at group level. It does not constitute legal, tax, organisational or architectural advice, and it does not replace a planning or design service. Decisions taken by the client on the basis of a report remain the client's own responsibility.
We are entitled to develop Space Lens further. Changes that do not impair the agreed purpose of the assessment are permitted.
4. Minimum number of responses
To protect the anonymity of participants and to produce meaningful results, at least five completed responses per group are required. We therefore recommend inviting at least seven people per group.
If a group falls below five completed responses, it is not reported separately. Where possible its data is included in the overall result; otherwise the group is omitted. This does not constitute a defect, and it does not give rise to a claim for a refund, since the service — the invitation, the survey period and the evaluation — has been performed.
5. Prices and payment
The price is EUR 250 net per group, unless a separate written agreement applies. All prices are net and exclusive of value added tax. VAT is determined and shown during checkout on the basis of the client's billing address and VAT identification number.
Payment is due in advance. Payments are processed by Stripe; the available payment methods are displayed during checkout. The invoice is issued by Leon van Gerwen GmbH and made available electronically. The client agrees to receive invoices in electronic form.
A valid VAT identification number is required where the client is established in a country in which such numbers are issued. The client is responsible for the accuracy of the billing data it provides. Where incorrect data leads to an incorrect tax assessment, the client bears the resulting additional cost.
6. Obligations of the client
The client undertakes to:
- supply a complete and correct participant list with valid email addresses and group assignments
- ensure that it is entitled to pass these addresses on to us and that it has informed the participants in accordance with applicable data protection law
- inform participants about the assessment and encourage participation, as the result depends on the response rate
- name the recipients for the report and keep those addresses current
- conclude the data processing agreement referred to in section 8 before the survey starts
Where the organisation to be assessed differs from the client, the client warrants that it is authorised to commission the assessment on that organisation's behalf.
If the client fails to meet these obligations and the assessment cannot be carried out or can only be carried out with delay, this is not attributable to us. Additional effort caused by incorrect data may be charged separately after prior notice.
7. Dates, changes and cancellation
The survey period, the closing date and the reminder dates are chosen by the client when ordering. Changes are possible until the invitations are sent, provided we are notified in good time by email.
Once the invitations have been sent, the service has commenced and the fee is payable in full. A cancellation before the invitations are sent is possible; in that case we refund the fee less any costs already incurred.
There is no statutory right of withdrawal, as the contract is concluded with a business and not with a consumer.
8. Data protection and confidentiality
In respect of participant data we act as a processor on behalf of the client, which remains the controller. Before the survey starts, the parties conclude a data processing agreement (Art. 9 FADP; Art. 28 GDPR). Further information is set out in our privacy policy.
Individual responses are not disclosed to the client. Reporting takes place at group level only, subject to the minimum in section 4.
Both parties treat as confidential all business information that becomes known to them in the course of the cooperation, and will not make it accessible to third parties without consent. This obligation survives the end of the contract.
We may name the client as a reference only with its prior consent.
9. Intellectual property
The Space Lens method, the questionnaire, the evaluation logic and the report templates remain our intellectual property and that of our partner, The Culture Factor Group.
Upon full payment the client receives a non-exclusive, non-transferable right to use the report it has received for its own internal purposes, including for the briefing of architects, designers and consultants engaged by it. Publication of the report in whole or in part, or its transfer to third parties for their own purposes, requires our prior written consent.
We may use anonymised and aggregated results for the further development of the method and for research purposes. No conclusions about the client or individual persons can be drawn from such use.
10. Warranty
We perform our services with professional care. The client shall notify us of any defect in the report without undue delay, and at the latest within 14 days of delivery, describing it in reasonable detail. We will then remedy the defect within a reasonable period, for example by correcting or re-issuing the report.
We do not warrant any particular response rate, any particular result, or that findings will be economically successful when implemented.
11. Liability
We are liable without limitation for damage caused intentionally or through gross negligence, and for personal injury.
In cases of slight negligence we are liable only for breach of an obligation essential to the performance of the contract, and in such cases only for the foreseeable damage typical of this type of contract. Liability is in any event limited to the amount of the fee paid for the assessment concerned.
We are not liable for indirect damage, loss of profit, or damage resulting from decisions taken by the client on the basis of a report. Liability for auxiliary persons is excluded to the extent permitted by law.
We are not liable for interruptions caused by third-party services we rely on, in particular hosting, payment processing and email delivery, provided we selected and monitored those providers with due care.
12. Force majeure
Neither party is liable for failure to perform caused by events beyond its reasonable control. In such cases agreed dates are extended by the duration of the hindrance. If the hindrance lasts longer than two months, either party may terminate the contract; payments already made for services not yet rendered are refunded.
13. Changes to these terms
The version of these terms published at the time the order is placed applies to that order. We may amend these terms for future contracts.
14. Governing law and jurisdiction
These terms and all contracts based on them are governed by Swiss law, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.
The place of performance and the exclusive place of jurisdiction is Engelberg, Switzerland, provided the client is a business, a public body or a special public fund. We also remain entitled to bring proceedings at the client's registered office.
15. Severability
Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.
Contact
Leon van Gerwen GmbHRainstrasse 16
6390 Engelberg
Switzerland
Email: leon@stateofculture.com
Telephone: +41 79 917 16 79 ← Back to State of Culture