Last updated: November 11, 2015
SurveyMonkey Enterprise subscriptions (“Enterprise” or the “Service”) are provided subject to these Terms of Service (“Terms”) and any SurveyMonkey order form or similar SurveyMonkey document under which you purchased the Service (“Order Document”).
If you did not purchase the Service under an “Order Form”, but under the Enterprise Agreement at https://nl.surveymonkey.com/mp/policy/enterprise, then these Terms do not apply to your Enterprise subscription.
Capitalized but otherwise undefined terms in these Terms have the meanings given to them in the Order Document.
1. Service Description
1.1 Description. SurveyMonkey Enterprise is a service that allows users to, among other things, create, distribute and analyze online surveys.
1.2 Groups. Each end user account that belongs to the Customer’s Enterprise subscription is referred to as an “Enterprise account” or “seat” and they collectively form the “Group”. A Group may represent a team, group or other subdivision within the Customer’s organization, or the whole organization. Each Enterprise subscription represents one Group, and the Customer may maintain multiple Groups by purchasing multiple Enterprise subscriptions. If the Customer maintains multiple Groups, the Customer may request to transfer an End User account from one Customer Group to another.
1.3 Administrative Responsibilities. The Service is designed to provide Customer and its administrative end users with the ability to self-manage the Service and their Enterprise accounts. Management and administration of Enterprise accounts is the responsibility of Customer and not SurveyMonkey (including responding to requests for account creation, deletion, and reassignment, and management of opt-in and opt-out communications settings for end users). SurveyMonkey will not be responsible for any liability arising from adding, removing, or otherwise managing Customer’s Enterprise accounts in accordance with Customer’s instructions.
2.2 Downgrade Event. The Customer acknowledges that a Downgrade may cause it to lose control of all its Enterprise Accounts upon termination. Enterprise Accounts that have converted to personal accounts will be regarded by SurveyMonkey to be controlled by the End User to whom the account is registered at the time of the Downgrade. Consequently, if the Customer desires to regain control of such accounts, it should contact the applicable End Users. SurveyMonkey generally will not transfer control of such an account without the authorization of the controlling End User.
If the Customer desires to retain control of its Enterprise Accounts following a Downgrade, the Customer is solely responsible for taking actions, before this Agreement terminates, that are necessary to achieve this, such as: (a) reassigning End User accounts to appropriate Customer personnel; (b) changing access credentials to Enterprise Accounts; and (c) exporting data in its Enterprise Accounts and deleting any data it does not desire End Users to have access to following the Downgrade. Where practicable, SurveyMonkey will provide the Customer with advance warning before a Downgrade in order to give Customer the opportunity to perform the foregoing actions.
If the Customer re-purchases the Services following a Downgrade, accounts that were converted to personal accounts as a result of the Downgrade will need to be re-invited to join the Group, if the Customer desires. However, there is no guarantee that each such user will accept that invitation.
* * * * *