Select Page

Updated General Terms and Conditions

by | Oct 17, 2016 | News & Infos | 3 comments

On November 1st, 2016, we will be updating our General Terms and Conditions. Here at Testbirds, transparency is one of our core values. In this blog post we want to compare the changes taking place, explain the reasons behind these adaptions and give you some further background information. Don’t be scared! We won’t change anything to your disadvantage.


CrowdtestingTestbirds is in many ways a growing company. We have recently reached the mark of 150,000 testers in our crowd and we now have testers in more than 193 countries. We have offices in more and more countries and we our team is constantly growing. Testbirds is rapidly growing and we want to make sure that this growth does not affect our ability to review ourselves and our services. In cooperation with other crowdsourcing companies and the German Crowdsourcing Association (Deutscher Crowdsourcing Verband e.V.), we have been working on a Crowdsourcing Code of Conduct to improve the working environment for our testers, clients and for Testbirds itself. One of the outcomes of this cooperation is changes to our General Terms and Conditions (GTC). These changes don’t mean that Testbirds will actively change the way we work with our testers. It will merely make sure that the GTC represent what we are already doing. You can find the newest version here: https://nest.testbirds.com/terms

What will be changed?
We want to be as transparent about these changes as possible. As we understand that Terms and Conditions are usually full of big words and confusing phrases, we are going to highlight all the changes taking place in yellow. Additionally, we want to tell you what this means for Testbirds and in how we have already begun implementing it.

Changes to: § 1 Scope of Application

Updated Version:

5. TESTBIRDS may modify the General Terms and Conditions at any time. The GTC may not be changed while TEST PROJECTS are running. In such cases, the new GTC will take effect for those TESTERS participating in a TEST PROJECT after said TEST PROJECT has been completed. The modified GTC will be announced by e-mail no later than two weeks before the effective date. The modified GTC will be deemed as accepted unless contradicted by e-mail within two weeks of receipt of the e-mail containing the modified GTC. Upon announcement of the modified GTC, TESTERS will be notified of the two-week deadline and of the consequences of a failure to contradict.

Previous Version:

5. TESTBIRDS may modify the General Terms and Conditions at any time. The modified GTC will be announced by e-mail no later than two weeks before the effective date. The modified GTC will be deemed as accepted unless contradicted by e-mail within two weeks of receipt of the e-mail containing the modified GTC. Upon announcement of the modified GTC, TESTERS will be notified of the two-week deadline and of the consequences of a failure to contradict.

Background:

We don’t to plan to change the GTC more frequently in the future. However, this particular part of the GTC had been highlighted as an area of improvement by our partners as it seemed unfair to our testers before. It was of course never our intention to put the testers at a disadvantage. Therefore, we want to make sure that changes to the GTC will never apply to running test projects.

Changes to: § 3 Handling of a TEST PROJECT

Updated Version:

5. TESTBIRDS is obliged to assist the TESTERS in the best possible way for the completion of TEST PROJECTS, to give prompt feedback, and to give improvement suggestions on how to perform the TEST PROJECT.

Previous Version:

This paragraph did not exist before.

Background:

In every testing project we want to make sure that you have the necessary means to complete the project in the best possible way. We try to give as much information and explanations as possible in the test description before the project begins to make sure that you can provide excellent results. After handing in a report, we give our testers suggestions how to improve their report and give them the chance to review them. In general, we try to give our testers as much assistance as possible.

Changes to: § 4 Secrecy/ Rights in the Results of the TESTER

Updated Versions

3. Upon completion of the tester’s activity, the sole right of use shall be transferred to TESTBIRDS. The stipulated remuneration paid shall cover any and all potential copyrights.

Previous Version:

3. Upon completion of the tester’s activity, the sole right of use shall be transferred to TESTBIRDS. The remuneration paid shall cover any and all potential copyrights.

Background:

In every test invitation, you will receive all information regarding payment before accepting the invitation. You can review the payout and decide if you want to participate before starting to work. With this change of the GTC we want to strengthen your position to make sure that the payout is always predefined.

Changes to: § 7 Choice of Law & Jurisdiction

Updated Versions

1. The contractual relationship between TESTBIRDS and the TESTER shall be governed by the laws of the Federal Republic of Germany. Exempt from this choice of law, are the mandatory consumer protection regulations of the country in which the Customer of TESTBIRDS has his usual place of residence.

2. The place of jurisdiction for all disputes arising from the contractual relationship between the TESTER and TESTBIRDS shall be the registered place of business of TESTBIRDS in Munich.

Previous Version:

1. The contractual relationship between TESTBIRDS and the TESTER shall be governed by the laws of the Federal Republic of Germany. Exempt from this choice of law, are the mandatory consumer protection regulations of the country in which the Customer has his usual place of residence.

2. The place of jurisdiction for all disputes arising from the contractual relationship between the TESTER and TESTBIRDS shall be the registered place of business of TESTBIRDS.

Background:

These amendments don’t actually affect you as a tester. Still, we want to be completely transparent about this change. The reason for this change is that since the initial version of the GTC was created, Testbirds has been expanding to different countries. Our offices in Amsterdam and London are prospering and more offices in other countries are on their way. We want to make sure that the GTC is as precise as possible to prevent any ambiguities.

What does it mean?

The GTC will automatically affect all new people that sign up to our Nest. For existing testers, these changes will take effect two weeks after this announcement. All testers have been notified via email to make sure everyone is aware of these changes. If you do not agree with and of the changes, you can choose to discontinue your account at Testbirds within 2 weeks of being notified via email. This would of course make us sad to hear because we believe that these changes are to your benefit. However, we have created an article on how to delete your account in our FAQ: FAQ: How can I delete my tester account?
Please note that you would need to delete your account yourselves if you disagree with these changes. We cannot do this on your behalf.

You can find the previous versions of the GTC in various languages here:
Previous GTC in English
Previous GTC in German
Previous GTC in Hungarian

Hopefully this article helped you to better understand the changes and we didn’t leave any questions about the adaptations taking place to our GTC.

Share it if you like it:

Tag Cloud

About the author

Felix Buchner

Felix Buchner

PR & Marketing Manager

At night – at least in the summertime – one can see Felix cruising around Munich on his old Vespa, by day he jumps into everything related to Marketing and PR at Testbirds.

Categories

Links

Other content that might be interesting for you:

I’m Sahil and this is my role at Testbirds

My Role at Testbirds is a series of blog posts that gives insights into the daily life at the office. Every so...

Round Table “Crowdworking – die Zukunft der Arbeit?!”

Crowdworking als neuer Trend am Arbeitsmarkt ist derzeit in aller Munde. Aber welche Chancen, Herausforderungen und Risiken bringt diese Art der...

What is Crowdtesting and how do you use it? An overview

Crowdtesting (crowdsourced testing) has its roots in the open Source movement, Mozilla being the most famous organisation building on crowdsourced...

The History of the @: From Medieval Monks to the Early Days of the Internet

In this edition of “terms from the world of IT explained “, I will not talk about a term in particular, but about the history of a sign we all use...

Testbirds Teaches Innovative Testing Solutions in First Ever Training Academy!

A month ago we announced that the first webinar of our Training Academy was taking place. Our goal was to provide you with access to practical and...

Meet a Tester @DMEXCO

We have big news! This year you can meet a tester from our crowd at our dmexco booth on 11th and 12 of September in Cologne. Bring your digital...

A short introduction to Device Cloud

Did you know that Testbirds offers more than just crowdtesting as a service? Next to BirdFlight, which functions as a beta-app distribution...

This is the End of Conversion Rate Optimisation

...at least as you know it.“Conversion rate optimisation (CRO) is a system for increasing the percentage of visitors to a website that convert into...

Look! That cloud looks like… 2.5 million virtual devices?!

As the balance between offline and online sales is tipping towards the online side of the scale, the importance of a well-functioning webshop is...

Orga 4.0: From start-up to scale-up with a different organisational structure

In the past years as a founder the growth of our company has brought some interesting challenges. One of them was communication in the company –...

Testbirds specialises in the testing of software such as apps, websites and Internet of Things applications by using innovative technologies and solutions. Under the slogan, “Testing Reality”, the company offers various testing methods to its clients looking to optimise the user-friendliness and functionality of their digital products. With over 250,000 registered testers located in 193 countries, Testbirds is one of the world’s leading crowdtesting providers. In addition, the IT service provider utilises cloud based technologies to support customers in the optimisation of their digital products. The combination of the two testing methods delivers a unique and extensive portfolio that takes the quality of software to the next level. Testbirds was founded in 2011 by Philipp Benkler, Georg Hansbauer and Markus Steinhauser. Today, the company has over 100 employees. Other than its headquarters in Munich, there are now offices in Amsterdam, London and Stockholm, franchises in Hungary and Russia and sales partners in Italy.

© Testbirds GmbH. All rights reserved.

Subscribe to the Testbirds Whistler!

Receive updates on our innovative testing services, webinars, brand-new Nest features!

You have Successfully Subscribed!

@ Contact