General Terms and Conditions | SentoVox
Article 1: Definitions
- “Client”: the natural person or legal entity, partnerships without legal personality, as well as their representative, authorised agent or employee, who has entered into or wishes to enter into an agreement with SentoVox.
- “Respondent”: the individual who completes a venue’s survey.
- “SentoVox”: the name of the research project for venues, facilitated by Sento Group BV (“Sento”).
- “Agreement(s)”: all agreements used by Sento Group BV in relation to the Client, to which these Terms and Conditions apply.
- “Use”: the use, as agreed with the Client, of digital questionnaires, web space, database space, communication materials and all other services and products provided by SentoVox.
Article 2: General
These terms and conditions (“Terms and Conditions”) apply both to the provision of services and to the sale of goods by Sento Group BV, hereinafter referred to as “Sento”.
By placing an order, the Client is deemed to have accepted the Terms and Conditions in full and without any reservation. The Terms and Conditions and each specific Agreement constitute the complete and sole Agreement between the parties and replace all previous oral or written agreements, proposals, promises, arrangements or communications relating to the subject matter of the specific Agreement. The Client’s own terms and conditions do not apply. The obligation of Sento to deliver the services or products ordered by the Client at the price determined by Sento constitutes the principal obligation of the Agreement.
The Terms and Conditions were originally drafted in English. The English version is the governing version. For the convenience of the Client, these Terms and Conditions have been translated into Dutch, French, German, Spanish and Italian. These translated versions are neither governing nor binding; no rights can be derived from them, including in the event of translation errors. In the event of a conflict between the English version and a translated version, the English version shall always prevail, including the annexes and the pricing table.
↑ back to topArticle 3: Duration and termination
Unless otherwise agreed between the parties, the Agreement is entered into for a period of 1 year from the start date of the Agreement.
Research period. Access to the platform and the dashboard remains valid for twelve (12) months from the activation of the survey, unless otherwise agreed. The venue may terminate its participation early at any time via the platform.
Unilateral termination by the Client does not give rise to any refund or compensation of any kind for payments already made or still due. If the Agreement is terminated, Sento’s claims against the Client become immediately payable and all amounts already invoiced and still to be invoiced remain due, without any obligation of restitution.
One account per venue. Each venue may have only one active account. The creation of multiple accounts by or on behalf of the same venue is considered abuse. In such cases, Sento reserves the right to block, merge or delete the accounts concerned, without prior notice and without any right to compensation for the Client.
After termination. After termination of the Agreement, for whatever reason, access to the platform and the dashboard is closed. The Client may request a copy of its own collected research data from Sento up to 30 calendar days after termination, which Sento will provide in the form of an Excel file or other common format. After this period, Sento is no longer obliged to keep the Client’s data available, without prejudice to Sento’s right to retain anonymised and aggregated data for scientific and benchmarking purposes in accordance with Article 12.
↑ back to topArticle 4: Prices
The prices communicated by Sento on the website and through other channels are always stated subject to obvious typographical or translation errors. Individual quotations are revocable and valid for 60 days, unless otherwise stated in the quotation. All prices are in euros and exclusive of VAT, unless otherwise indicated, and are payable as stated on the invoice. Invoices are payable by bank transfer. Unless otherwise agreed, the prices relating to the provision of services are calculated for a period of one year. At the start of this period, the full price is paid in accordance with Article 5. Sento may offer alternative payment terms; where it does, this is clearly indicated as an option when participation is confirmed.
Participation fee. The participation fee is based on the venue’s annual number of visitors, as declared at registration, according to the fee table in Annex A. On request, the budget may be spread over two calendar years. Groups and networks receive a tailored offer.
The prices relating to the provision of services may be changed by Sento at any time during the term of the Agreement. The Client will be informed of this via the website and individually, by personal communication. The changed prices become payable by the Client two months after the individual notification, unless the Client has exercised the option to terminate the Agreement at no cost and without giving reasons. Termination by the Client must be made by registered post or electronically via https://www.sentovox.eu within thirty calendar days of the individual notification of the changed prices.
Any promotions or discounts apply per Client and cannot be combined with other promotions or discounts. In the event of abuse of promotions by the Client, including but not limited to deliberately creating multiple accounts, Sento reserves all rights and may, among other things, decline to apply promotions.
↑ back to topArticle 5: Delivery, payment and protest periods
The delivery periods stated by Sento are indicative and not binding, unless expressly agreed otherwise. The periods are always expressed in working days. A reasonable delay in the delivery of services or products can in no event give rise to cancellation of an order or to compensation.
Any complaint regarding the delivery, of whatever nature, must be communicated in writing by the Client to Sento within 8 working days of delivery of the goods or of the start date of performance of the services. Complaints regarding delivery or performance may not be used as a pretext to suspend or delay payment of invoices. The absence of a written protest against an invoice within 8 working days of its dispatch constitutes irrevocable acceptance of the invoice and the amounts, products and services stated therein.
Invoices must be paid within one month of the invoice date. If the Client has not paid in full within 14 calendar days after the payment term has expired, the Client is in default following a first reminder stating the consequences of non-payment. If the Client is in default, this has the following consequences: (i) statutory interest is due on the outstanding amount; (ii) the Client owes 15% of the principal sum in collection costs, or €40 if this amount exceeds 15% of the principal sum, or, if the Client is a consumer, the amount due under applicable legislation; (iii) the provision of services to the Client may be suspended without further warning until the outstanding amounts, including interest, have been settled; (iv) Sento has the right to dissolve or terminate the Agreement at its discretion pursuant to Article 3.
↑ back to topArticle 6: Code of conduct, service changes and notice/takedown
The Client shall at all times cooperate in good faith with Sento to facilitate the provision of services. The Client shall at all times use the services in accordance with the General Terms of Use of Sento, as amended from time to time. If the Client does not comply with its obligations arising from these Terms and Conditions, the Client agrees to bear all costs and charges related to the additional services performed by Sento to remedy any problems resulting from the Client’s failure to meet its obligations. Sento cannot in any way be held liable for technical or other disruptions, either within or outside the Sento network. The Client is solely responsible for the proper use of the goods, services or software, taking into account Sento’s specifications and instructions.
Right to modify the service. Sento reserves the right to modify, update or adapt the platform, the questionnaire, the dashboard functions and all other components of the service at any time, without the Client’s prior individual consent. This includes, among other things, changes to the standard questionnaire (in collaboration with the scientific partners), the addition or removal of features, and technical updates. Sento will make reasonable efforts to inform the Client of material changes, but the absence of such notification does not affect the validity of the change.
Availability. The service is provided on an “as is” and “as available” basis. Sento strives for the highest possible availability of the platform but does not guarantee that operation will be uninterrupted or without errors. Planned maintenance, technical disruptions, updates or circumstances beyond Sento’s control may lead to temporary unavailability. Sento cannot be held liable for damage resulting from temporary unavailability of the service.
↑ back to topArticle 7: Right of withdrawal
The services of SentoVox are intended exclusively for professional use by venues and venue organisations. By registering on the platform, the Client confirms that it is acting in a professional capacity and not as a consumer within the meaning of Book VI of the Code of Economic Law. The right of withdrawal therefore does not apply to the provision of these services.
If a Client nevertheless qualifies as a consumer, the Client acknowledges that the provision of services commences at its express request upon activation of the platform and that, at the start of the provision of services, it waives the right of withdrawal insofar as the law permits.
↑ back to topArticle 8: Liability
Sento is not liable in the context of the formation or performance of the Agreement. Sento is also expressly not liable for, among other things, indirect damage, consequential damage, lost profits, lost savings, damage due to business interruption, etc. The Client must at all times first assess the accuracy of all information, purchased services and delivered results itself and make a considered, responsible judgement. The Client is also ultimately responsible for distributing the survey or questionnaire correctly and for ensuring that sufficient and varied responses are obtained from which to draw conclusions.
Liability cap. Without prejudice to the foregoing, the total liability of Sento towards the Client, on whatever grounds, is in any event limited to the total amount that the Client has actually paid to Sento under the Agreement in the twelve (12) months preceding the event causing the damage.
The Client is liable towards Sento for damage caused by a fault or shortcoming attributable to it. The Client indemnifies Sento against claims relating to non-compliance with the code of conduct in these Terms and Conditions in the use of the services or goods by, or with the consent of, the Client.
↑ back to topArticle 9: Intellectual property rights
All intellectual property rights relating to the products and/or services as well as the designs, software, documentation and all other materials developed and/or used in the preparation or performance of the Agreement between Sento and the Client, as well as the data resulting from and collected through it, vest exclusively in Sento or its suppliers. The delivery of products and/or services does not constitute any transfer of intellectual property rights. The Client obtains only a non-exclusive and non-transferable right to use the products and results of the services for the agreed purposes. The Client also has the right to request a one-off copy of its data from Sento. Sento reserves the right to retain all information collected through the survey for the Client so that trend measurement(s) can be visualised in the Client’s dashboard. The collected data will also be provided in anonymised form to the universities and institutions involved in the research. The Client shall not, without Sento’s prior written consent, disclose, reproduce or make available to any third party, in whole or in part and in any manner, the products and results of the services.
Sento is permitted to take technical measures to protect its products, services or goods. If Sento has secured these products, services or goods by means of technical protection, the Client is not permitted to remove or circumvent this protection, unless and insofar as mandatory law provides otherwise.
Usage licence for communication materials. Sento grants the Client a non-exclusive, non-transferable and revocable licence to use the communication materials, logos, QR codes and visual elements made available by SentoVox exclusively for the promotion of the Client’s own SentoVox survey to the audience of its own venue. The Client may not modify, adapt or use these materials for purposes other than those for which they are intended without Sento’s prior written consent. Upon termination of the Agreement, this licence expires immediately and the Client must cease using all SentoVox materials and trademarks.
↑ back to topArticle 10: Force majeure
Force majeure events (such as, but not limited to, failure of the internet, servers or systems, societal circumstances, etc.) shall release Sento, for the duration of such an event, from its obligations under these Terms and Conditions, provided that Sento informs the Client in writing or by email and describes the force majeure, and immediately resumes the performance of the relevant obligations when and insofar as the force majeure event has ceased. The Client shall have no right to claim compensation for non-performance by Sento of any of its contractual obligations as a result of a force majeure event.
↑ back to topArticle 11: Personal data and GDPR
11.1 Personal data of the respondent
The questionnaire completed by respondents does not contain any questions requesting personal data or identifying data. At no time and in no way are questions asked or data collected that can be traced back to the identity of the respondent. Completing the questionnaire is therefore at all times completely anonymous. Because of this anonymity, it is not possible to determine who completed a particular survey, and it is therefore not possible to request to view, correct or delete answers after the survey has been completed.
Under the General Data Protection Regulation (GDPR), the Client may never process personal data within the framework of SentoVox using Sento’s services, products or goods. The Client hereby guarantees not to use the delivered services or goods for the processing of personal data and indemnifies Sento against all damage or claims based on the assertion that any processing of personal data using the services or goods would be unlawful. (see also “adding your own questions”, Article 13)
No personal data is collected for the prize draw either. The survey system randomly selects winners from the respondents. Respondents who have won receive a separate message after completing the survey, with a unique code and a request to contact the research team via an email address. Winners may at any time, by simple request by email or letter to Sento Group BV, ask to view, correct or delete their personal data.
11.2 Personal data of the Client
Sento collects only the minimum personal data of the Client necessary to enable the proper functioning of its systems and the correct handling of the research. When a venue registers for participation, the surname, first name and email address of the contact person for the venue wishing to take part in the research are requested. The contact person must create their own password, which is used in combination with their email address to access the system. During the research, Sento will occasionally keep the contact person informed about the research via the email address provided. The contact person may indicate at any time that they no longer wish to receive these update emails. Only emails necessary for invoicing cannot be refused.
Once logged into the system, the contact person can add other colleagues from the venue to the research system. These additional persons receive an email inviting them to confirm that they wish to follow the research for the venue.
Contact persons may request to view, correct or delete their personal data (surname, first name, email address) by simple notification by email (contact [at] sentogroup [dot] eu). At least one contact address must remain available for the processing of any outstanding invoicing for as long as the invoice has not been settled.
11.3 Retention of data
The data about the venue and the contact person, and the collected research data itself, are stored on servers in Europe, secured with appropriate, standard security measures and backed up regularly. In the event of a data breach or other form of hacking, Sento Group undertakes to take the necessary countermeasures as quickly as possible and to inform the clients and contact persons.
↑ back to topArticle 12: Ownership of data
The data and contact details collected in the research are stored and processed by Sento Group. These data may be provided to the research partners, such as universities or sector organisations, in anonymised form for scientific analysis. This means that the research data provided to the partners are stripped of all links to the individual participating venue. In this way, the academic partners and sector organisations can use the grouped, anonymised data to conduct scientific research and support the sector. Sento Group may transfer all data and information from the research to third parties at any time. The Client may obtain a copy of its own collected research data from Sento Group on simple request; this will be provided in the form of an Excel file or another format.
↑ back to topArticle 13: Personalised survey
SentoVox provides a system (a form on the website) through which the venue can share basic information about its own offer and operations with the research team. On the basis of this information, the survey is personalised for the venue, so that respondents for that venue are asked the relevant questions. The venue may also add its own questions to the survey, for example for locally specific research questions. It is prohibited to ask respondents for personal data (name, email address, postal address, etc.) in these custom questions. The research is fully anonymous and compliant with GDPR legislation; adding such questions requesting personal data would put the research for the venue in breach of this legislation and of the anonymity promised to respondents.
Once the personalisation form has been submitted via the personalisation system, this information is final and the survey is programmed accordingly. Before submission, a message is displayed asking the venue to confirm that the information is correct and complete. In principle, no further changes to the questionnaire are possible after this point. The research team may be contacted if changes are nevertheless desired; the team will accommodate these as far as possible. Once the survey has been made known to the venue’s audience and the collection of responses has started, no further changes are possible.
↑ back to topArticle 14: Response, method and results
SentoVox provides a clear briefing outlining a number of options for promoting the survey to the venue’s own audience, lapsed visitors and non-visitors. SentoVox also makes available a variety of personalised communication materials. The venue may choose from these as it sees fit and deploy the materials in its own communication channels. The personal survey link and QR code, as well as several logos of the research, are made available. The materials provided are suitable for printing, for example as flyers or posters. Whether to have materials printed is at the Client’s discretion; the Client bears the printing costs. Flyers may not be distributed in public spaces (outside the venue) and may not be left on the public highway.
The invitation to take part in the survey is distributed by the venue itself, with or without the help of the briefing and communication materials provided. SentoVox cannot guarantee that responses will be obtained or how many respondents will be reached. The number of respondents can be checked at any time on the results page (dashboard). There is no limit on the number of respondents a venue may reach.
To further support and encourage the collection of responses, SentoVox provides ‘incentives’ for respondents. For every correctly and fully completed survey, 1 (one) square metre of endangered rainforest or natural area is saved through the recognised organisation World Land Trust. A maximum of 1,000 (one thousand) square metres per participating venue applies. In addition, respondents to the survey have the chance to win one of the trips worth €1,000 (one thousand euros) drawn among respondents. The full participation rules can be found on the start page of the survey for your venue.
After the research has concluded, the participating venue receives an individual research report with the venue’s own research results. This report also offers benchmarking against a group of comparable venues within or outside the country, and against national or international results. No guarantees can therefore be given in advance regarding the composition of the ‘clusters’, the groups of venues against which benchmarking will be possible. Sento is not responsible for the quality or quantity of the responses given by respondents, nor for errors. The Client is responsible for interpreting the results in the context of its own situation.
↑ back to topArticle 15: Miscellaneous
The Client’s rights and obligations arising from this Agreement entered into with Sento may not be transferred to third parties, in whole or in part, without Sento’s prior written consent. If any provision of an Agreement entered into with Sento, or its application, is or becomes null and void or unenforceable for any party or in any circumstance, this shall not affect the remainder of the Agreement. Changes to the Client’s contact details, such as addresses, contact persons and email addresses, must be communicated to Sento by the Client immediately. Sento’s log files and other electronic or non-electronic records constitute full evidence of Sento’s statements, and the version of any (electronic) communication received or stored by Sento is deemed authentic, subject to evidence to the contrary provided by the Client.
Transfer of the service. Sento has the right to transfer the Agreement, as well as the rights and obligations arising from it, in whole or in part to a third party, for example in the context of an acquisition, merger, restructuring or transfer of the SentoVox project, without the Client’s prior consent. Sento will inform the Client within a reasonable period.
Discontinuation of the service. Sento reserves the right to discontinue the SentoVox service in whole or in part, subject to a notice period of three (3) months. In that case, the Client will be informed via the email address provided. Amounts already paid for the period after the effective discontinuation will be refunded pro rata. The Client may request a copy of its own data up to 30 calendar days after the discontinuation in accordance with Article 3.
↑ back to topArticle 16: Applicable law and exclusive jurisdiction
This Agreement entered into with Sento is governed by Belgian law. Unless mandatory law provides otherwise, all disputes arising from the Agreement shall be submitted to the competent Belgian court for the judicial district in which Sento is established.
↑ back to topAnnex A – Overview of participation
| Participation | Duration | Key features | Price structure |
|---|---|---|---|
| SentoVox participation | 12 months | Fully personalised questionnaire (up to 6 languages); access to the SentoVox platform; fully dynamic dashboard; unlimited number of respondents; personalised communication materials; respondent incentives; professional helpdesk; individual research report with benchmarking (cluster, national and European); group participation possible. | Participation fee based on the annual number of visitors |
Fee table (participation fee, excl. VAT)
| Visitors per year | Participation fee |
|---|---|
| Fewer than 10,000 | €625 |
| 10,000 to 50,000 | €850 |
| 50,001 to 100,000 | €975 |
| 100,001 to 150,000 | €1,175 |
| More than 150,000 | €1,750 |
Report delivery: after the end of the research period
Group participation: on request, by quotation