Terms and Conditions
The Terms and Conditions are primarily drawn up in English. The English version is the leading agreement. For the Customer's comfort, these Terms and Conditions have been translated into Dutch, French, German, Spanish and Italian. These translated versions are neither leading nor binding, no rights can be taken away from them, even in the event of translation errors.
Sentomus - Terms and Conditions
Article 1: Definitions
- "Customer": the natural or legal person, partnerships without legal personality, as well as his representative and agent or employee, who has concluded or wishes to conclude an agreement with Sentomus.
- "Respondent": the individual who answers a survey of a museum
- "Sentomus": The name of the research project for Museums, facilitated by Sento Group BV ("Sento")
- "Agreement(s)": all, in relation to the Customer, agreements used by Sento Group BV, to which these Terms and Conditions apply.
- "Use": the use of digital questionnaires, webspace, database space, communication materials and all other services and products agreed with the Customer that Sentomus provides.
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".
The Terms and Conditions are considered accepted by the Customer in full and without any reservation by placing an order. The Terms and Conditions and each specific Agreement constitute the entire and sole Agreement between the parties and supersede all previous oral or written agreements, proposals, promises, understandings or communications relating to the subject of the specific Agreement. The Terms and Conditions of the Customer do not apply. Sento's delivery obligation for the services or products ordered by the Customer at the price set by Sento constitutes the main undertaking of the Agreement.
Article 3: Duration and termination
Unless otherwise agreed between the parties, the Agreement is entered into for 1 year from the start date of the Agreement. The unilateral termination by the Customer does not give the right to any refund or compensation in any way whatsoever of payments already made or to be claimed. If the agreement is terminated, Sento's claims against the Customer are immediately due and payable and the amounts already invoiced and yet to be invoiced remain due, without any possibility to cancel.
Article 4: Prices
The prices communicated by Sento on the website and via other channels are always subject to obvious spelling errors or translation errors. Individual offers are revocable and valid for 60 days, unless otherwise stated in the quotation. All prices are in Euro and excluding 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 service are calculated for a period of one year. At the start of this period, the full price shall be paid in accordance with Article 5. Sento may have the possibility to offer other payment terms, this is clearly stated when confirming the participation.
The prices related to services may be changed by Sento at any time during the term of the Agreement. The Customer is informed of this via the website and also in an individual way via personally targeted communication. The changed prices will be payable by the Customer after two months from the individual notification, unless the Customer has made use of the possibility to terminate the Agreement free of charge and without justification. Cancellation by the Customer must be made by registered mail or electronically via https://www.sentomus.eu within thirty calendar days following the individual notification of the changed prices.
Any promotions or discounts are per Customer and cannot be combined with other promotions or discounts. In the case of abuse of promotions by the Customer, for example, but not exhaustively by knowingly creating multiple accounts, Sento reserves all rights and Sento can decide, for example, but not exhaustively, not to apply promotions.
Article 5: Delivery, payment and protest terms
The delivery times specified by Sento are indicative and not binding, unless formally agreed otherwise. The deadlines are always formulated in working days. A reasonable delay in the delivery of the services or products can under no circumstances entitle the Customer to cancellation of an order or compensation. Any complaint regarding the delivery, of whatever nature, must be notified in writing by the Customer to Sento within 8 working days from the delivery of the goods or the start date of the performance of the services. Any complaints regarding delivery or performance cannot be used as a pretext to suspend or delay payment of invoices. The lack of written protest of an invoice within 8 working days from its dispatch implies the 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 Customer has not paid in full after 14 calendar days after the payment term, he is in default after the first reminder stating the consequences of the non-payment. If the Customer is in default, this has the following consequences: (i) the statutory interest is due on the outstanding amount; (ii) the Customer owes 15% of the principal amount in collection costs, or 40 euros if that amount is more than 15% of the principal, or, if the Customer is a Consumer, the amount due under applicable law; (iii) The service to the Customer may be suspended without further warning (and any website hosted by the Customer made inaccessible) until the outstanding amounts, including interest, have been paid; (iv) Sento has the right to dissolve or terminate the Agreement at its option pursuant to Article 2 and to take back any delivered good to the extent possible.
Article 6: Rules of conduct and notice/takedown
The Customer shall at all times cooperate in good faith with Sento to promote the provision of the services. The Customer shall at all times use the services in accordance with Sento's Terms and Conditions, as amended from time to time. You can read the most recent version in this document. If the customer fails to comply with his obligations arising from these Terms and Conditions, he agrees to bear all costs and charges related to the additional services performed by Sento to remedy any problems resulting from the Customer's failure to comply with his obligations. Sento can in no way be held liable for technical or other malfunctions both inside and outside the Sento network, such as, for example, any failure of the internet connection or servers, or for errors by suppliers. The Customer is solely liable for the proper use of the good, service or software, considering the specifications and instructions of Sento.
Article 7: Right of withdrawal
Since the customer is a professional user, any right of withdrawal on the provision of these services is not applicable.
Article : 8 Liability
Sento is not liable in the context of the conclusion or execution of the Agreement. Sento is also expressly not liable for (but not limited to) indirect damage, consequential damage, lost profit, missed savings, damage due to business interruption, ... The customer must at all times first assess all information and purchased services and delivered results for the correctness and make a well-considered responsible judgment about what he will do with for example research results, and whether this does not have a negative impact on the customer or his business operations. The customer is also ultimately responsible for distributing or communicating about the survey in a correct manner and for ensuring that sufficient and varied response is achieved to draw relevant conclusions from this.
The Customer is liable to Sento for damage caused by an error or shortcoming attributable to him. The Customer indemnifies Sento against claims regarding non-compliance with the rules of conduct in these Terms and Conditions when using the services or goods by or with the consent of the Customer. This indemnity also applies to persons who, although not employees of the Customer, have nevertheless used the services or goods under the responsibility or with the consent of the Customer.
Article 9: Intellectual property rights
All intellectual property rights with regard to the products and/or services as well as the designs, software, documentation and all other materials that are developed and/or used in preparation or execution of the Agreement between Sento and the Customer, or the data resulting from it, are vested exclusively in Sento or its suppliers. The provision of products and/or services does not entail any transfer of intellectual property rights. The Customer only acquires a non-exclusive and non-transferable right of use to use the products and results of the services for the agreed purposes. The customer also has the right to request a copy of his data from Sento once. Sento reserves the right to keep all information collected through the survey for the customer so that it can be made available to him in the future, by Sento or another entity to which Sento transfers the research, in such a way that an evolution measurement(s) can be visualized in the customer's dashboard or reports. The collected data will also be provided anonymously to the Universities and bodies involved in the research. In such use, the Customer will strictly adhere to the conditions laid down in the Terms and Conditions or otherwise imposed on the Customer. The Customer shall not publish, reproduce or make available to a third party the products and results of the services in whole or in part in any way without the prior written consent of Sento. The Customer shall not remove or alter any indications of Sento or its suppliers regarding copyrights, brands, trade names or other intellectual property rights.
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 Customer is not permitted to remove or evade this security, except if and insofar as the law provides to the contrary.
Article 10: Force majeure
Events of force majeure (such as there are, but not exhaustively: internet failure, servers, systems, social circumstances, ...) will, for as long as that event lasts, release Sento from its obligations under these Terms and Conditions, provided that Sento informs the Customer in writing or by e-mail and describes the force majeure, and immediately continues the execution of the relevant obligations when and insofar as the event of force majeure is disappeared. The Customer shall not be entitled to claim compensation for Sento's failure to fulfil any of its contractual obligations as a result of an event of force majeure.
Article 11: Personal data and GDPR
11.1 Personal data of the respondent
The questionnaire completed by the respondents does not contain any questions about personal data or identification data. No questions or data are collected in any way and at no time that can be traced back to the identity of the individual. The completion of the questionnaire is therefore completely anonymous at all times. Due to the anonymous nature, there is no possibility to find out who has completed a certain survey, and it is therefore not possible to ask after completing the survey to view, change or delete answers.
Within the meaning of the General Data Protection Regulation (GDPR), the customer may never process personal data within the framework of Sentomus using Sento's services, products or goods. The Customer hereby guarantees not to use the services or goods provided 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 "add own questions", article 2.5)
No personal data is collected for the respondent competition either. The survey system picks winners from the respondents via the system described in Article 4 ("Determination of winners"). Respondents who won will see a separate message after completing the survey, with a unique code and the request to contact the research team via an email address. In this way, the research team only comes into contact with the winners and avoids having to collect personal data from each respondent. Winners can at any time and on simple request by e-mail or letter, ask Sento Group BV to view, change or delete their personal data.
11.2 Personal data of the customer
Sento only collects the minimum necessary personal data from the customer to enable the correct functioning of its systems and the correct handling of the investigation. When registering the museum for participation, you will be asked for the surname, first name, email address of the contact person of the museum who wishes to participate in the study. The contact person must create a password to access the system in combination with his or her e-mail address. This contact person can change his or her password at any time. The customer or his contact person (contact persons) must choose a unique password that only serves to access the Sentomus system. Sento will occasionally keep the contact person informed about the investigation during the duration of the investigation via the e-mail address provided. The contact person can indicate at any time that they no longer wish to receive these update e-mails. Only e-mails that are necessary to handle invoicing cannot be refused.
Once logged into the system, the contact person has the opportunity to add other colleagues within the museum to the research system. In this way, other people can also follow up on the research. The contact person provides their surname, first name and email address. These additionally added people will receive an e-mail with an invitation to confirm that they wish to follow up on the research for the museum.
Contacts can request through simple notification via e-mail (contact [at] sentogroup [dot] eu) to view, change or delete their personal data (surname, first name, email address). At least one contact address remains required for the handling of the invoicing due, as long as this invoice has not been paid.
11.3 Data retention
The data about the museum, the contact person and the collected data from the research itself are stored on servers in Europe, secured with adequate and common security measures and regularly backed up. In the event of 'data breaches' or other form of hacking, Sento Group undertakes to take the necessary countermeasures as soon as possible and will inform the customers and contacts.
Article 12: Ownership of data
The data and contact details collected in the study are stored and processed by Sento Group. This data can be provided to the partners in the research, such as the universities or sector organisations, in an anonymised form and for scientific analysis. This means that the research data provided to the partners is stripped of all links with the individual participating museum. In this way, the academic partners and sector organisations can use the grouped and anonymised data to conduct scientific research and support the sector. In this way, however, the anonymity of the individual results of the participating museum is also guaranteed. Sento Group may transfer all data and data from the research to third parties at any time. The customer can request a copy of the own collected research data via simple request to Sento Group, who provides it in the form of an Excel file or other form.
Article 13: Personalised survey
Sentomus provides a system (form via website) in which the museum passes on basic information about its own offer and its own operations to the research team. Based on this information, the survey for the museum is personalized so that the relevant questions are asked to the respondents for that museum. The museum also has the possibility to add its own questions to the survey, for example for locally specific research questions. It is forbidden to ask for personal data (name, e-mail address, address, ...) of the respondents in these own museum questions. The investigation is completely anonymous and brought in line with the GDPR legislation, adding such questions about personal data would put the research for the museum in violation of this legislation and the promised anonymity for the respondent. Finally, the museum has the possibility, if desired, to go through the entire survey in advance and to indicate which questions, or answer options, it wishes to have deleted in its own survey. Some questions or answer options cannot be deleted for technical reasons. This is clearly indicated in the form.
Once the personalisation form is sent via the personalisation system, this information is final and the survey is programmed as such. A message is displayed prior to sending that additionally checks whether one is sure that the information is correct and complete. In principle, changes to the questionnaire are no longer possible afterwards. The research team can be contacted if changes are still desired, the team can respond to this as much as possible. Once the survey is announced to the public of the museum and thus the collection of responses has started, no changes are possible.
Article 14: Response, method and results
Sentomus provides a clear briefing explaining a number of possibilities to make the survey known to its own audience, past visitors and non-visitors. Sentomus also provides a variety of personalised communication materials. The museum can choose from this without obligation and use these materials in its own communication channels. If the museum wishes to develop other materials, for example in its own corporate identity, this can be done on its own initiative without the prior permission of Sentomus. The personal survey link and QR code as well as some logos of the survey are therefore made available. The materials provided are suitable for printing, for example in the form of flyers or posters. The choice to have materials printed is up to the customer, who takes charge of the printing costs. Flyers may not be distributed in the public domain (outside the museum) and may not be thrown on public roads.
The invitation to respondents to participate in the survey is distributed by the museum itself, with or without the help of the briefing and the provided communication materials. Sentomus cannot guarantee that response will be achieved or how many respondents will be reached. The number of respondents can be consulted at any time on the results page (dashboard) that Sento makes available to the customer, and can be reached via login in the system. There are no limits on the number of respondents who can be reached by a museum. The communication materials and the briefing offer opportunities to make the questionnaire generally known to visitors, dropouts and non-visitors (convenience sample). The possibility to survey random visitors in the museum via the museum's own surveyors with a tablet or mobile phone is also offered (random sample), for this purpose a separate briefing is made available. For the 'live' conduct of surveys via these surveyors, a mobile device (tablet or mobile phone) with an active internet connection must be made available by the customer, the survey is not made available on paper (due to its length and complex branches / dependencies).
In order to provide extra support and stimulation of response collection, Sentomus provides 'incentives' for the respondents. For each correct and complete survey, 1 (one) square meter of endangered rainforest or nature reserve is saved through the recognized organization World Land Trust. A maximum of 1000 (thousand) square meters per participating museum is determined. In addition, the participants (respondents) in the survey have a chance to win one of the trips worth 1000 (thousand) euros that will be raffled among the participants. The full participation regulations can be found on the home page of the survey for your museum.
At the end of the research, the participating museum will receive a personal research report with its own research results for its own museum. This report also offers benchmarking with a group of similar museums in or outside the country, and with national or European results. The possibilities for benchmarking are influenced by the final number of participating museums, their location and characteristics, and the total response achieved by these museums. Therefore, no guarantees can be offered in advance with regard to the composition of the 'clusters', the groups of museums with which benchmarking will be possible, nor with regard to the national or European results. Sento is not responsible for the quality nor quantity of the response by the respondents, and is not responsible for errors. The client is responsible for interpreting the results within the context of one's own reality and is responsible for possibly taking any actions or decisions following the results and the report of this research.
Article 15: Miscellaneous
The rights and obligations arising from this Agreement concluded with Sento for the Customer will not be transferable to third parties, in whole or in part, without the prior written consent of Sento. If a provision of an Agreement concluded with Sento or its application would become or be null and void or unenforceable for any party or circumstance, this shall not affect the rest of the Agreement. Changes to contact details such as, for example, addresses, contacts and e-mail addresses of the Customer must be communicated to Sento immediately by the Customer. If the Customer fails to report this immediately, Sento can recover the costs for research or returned shipments from the Customer. The log files and other electronic or non-electronic administration of Sento constitute full proof of Sento's statements and the version of any (electronic) communication received or stored by Sento is considered authentic, unless proven otherwise by the Customer.
Article 16: Applicable law and exclusive jurisdiction
This Agreement concluded with Sento is governed by Belgian law. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes arising as a result of the Agreement will be submitted to the competent Belgian court for the district in which Sento is located.
Created and published on 1/3/2023
© Sento Group BV