Terms of service

General terms of service (15th April 2010)

1. General conditions
These general terms of service are valid for all services with our customers. By placing an order with us, the customer accepts our general terms of service, which are valid for the entire client/company relationship. This means they are also valid in case of further service. All our offers, concerning price and amount as well as availability and delivery time, come with no obligation. If we do not receive any document describing the non-complyance to any term within three days, the customer has accepted all our terms of service. Delivery contracts, changes, completions and additional acceptance of conditions agreed to with our customer are only valid if they are confirmed in writing. The customer general terms of service are only valid if we have accepted them explicitly.

2. Placing an order
The customer can place translation orders electronically or in any other format. To ensure better communication orders can also be placed by phone or any other informal means. In these cases the customer is responsible for any problems incurred. The customer informs us of target language, topic, subject and size of text. special requirements concerning terminology may also be stated. Also purpose of the translation and desired delivery date should be stated. Orders are only completed, if they have been confirmed by us in writing. We are not liable for delays or faults concerning the completions caused by unclear, incorrect or incomplete orders or misunderstood or even wrong information in the original text.

3. Completion by third parties
If necessary, we can collaborate with third parties in order to carry out all our services. We are the only ones responsible for selecting this party. This duty has been fulfilled, if the chosen translator is a sworn translator for the required language or we or companies with which we are familiar have already collaborated successfully. But the client/company relationship still only exists between us and our customer. If the customer wishes to contact a third party, it has to be agreed between us.

4. Prices
All our offers and prices come with no obligation. If nothing has been agreed, our prices are to be understood in euros. In case of substantial orders we can ask for a deposit or payment advance according to the already translated amount of text. All prices stated are net prices with no VAT. Approximate published price lists with no obligation may be changed by us without prior warning. Granted prices and conditions are not valid for further negociation without having already been confirmed. As soon as possible,We will inform customer of modifications of prior published prices, supplementary fees for fast delivery or further requirements when confirming the order.

5. Delivery times
We try to state our delivery times as accurately as possible. They can only always be previously agreed times. The delivery has been completed if the translation has been sent to the customer. This can be proven by the e-mail protocol. If desired, we can also send you a CD with the translation. All dates refer to UTC+01 Time.

6. Problems, anything beyond our control, close-down and limitation of our business, network and server errors, viruses
We are not liable for damages caused by business disruptions, especially by acts of god like nature, traffic disruption, network and server errors, any other connection problems and obstacles which are not under our influence. In these special cases we reserve the right to cancel a part or even the complete contract. This is equally the case if we close or limit our business and especially our online-services for a certain period of time. We are also not liable for damages caused by viruses. To prevent this risk we use anti-virus-software. We also recommend this to our customers. If the translation is delivered as a file, the customer is responsible for checking the content documents. Hereby we do not accept any claims.

7. Liability and reclamation
If there are no special requirements concerning the translation’s quality or any special needs stated in the contract, we translate the text as accurately as we can, completely, without changing the context, ensuring correct grammar and for the purpose of information. If the customer has not sent any written complaints immediately or up to five days after receiving the translation the translation is accepted. The customer can no longer place any claim for damages caused by an inaccurate translation. If the customer reports an obvious and important mistake during the time specified, the mistake must be described as detailed as possible. We must firstly be given time to correct it, also in case of urgent orders and fast delivery times. If the customer can prove that the correction was not successful, the customer has the right to price reduction or refund. We do not grant any further claims including compensation for non-compliance. We are not liable for more than the money paid for the contract. In any case we are only liable for culpable negligence and deliberate intention. In case of partly culpable negligence we are only liable if we have not fulfilled the duties of the contract. There is no replacement for consequential damages like loss of profit. We are also not liable for the damages of third parties. We are not responsible for translation errors caused by incorrect, incomplete texts, as well as for inaccurate, non-readable or information provided too late. If the customer does not state the purpose of the translation, especially whether it will be published or is needed for advertising, compensation cannot be claimed if the text is not adequate or even if the advertising has to be repeated or damages the customer’s reputation. If the customer does not inform us that the translation has to be printed or does not give us the opportunity to correct it before, he is responsible for all possible problems and damages. The customer and also third persons can not make us liable for any breach of copyright. If not agreed in writing, we are not responsible for materials provided by the customer, specific characteristics, dispatch information and regulations concerning processing. We are not responsible for comparing it to current law according to the product liability act and the Civil Code. In these cases the customer is fully liable and we are exempt from all claims of third parties at the time of availment.

8. delay in delivery, non-availability, cancelation
In case of delay in delivery and non-availability by us the customer can only be refunded, if we have exceeded the delivery period. Before cancelling the order, an appropriate new delivery date must be stated in writing.

9. abandonment
If a customer wants to abandon the rights of the contract to a third party,our written confirmation is needed.

10. Terms of payment
If no other terms have been agreed, the fee is charged directly after the translation has been delivered to the customer. Our prices are net prices and have to be paid per cheque, banker’s transfer or cash payment within seven days after the invoice date at the latest. Charging or withholding is excluded. If the invoice is not paid at the due date, the customer is in arrears. Therefore no special notice by us is required. In case of arrears we have the right to charge interest according to standard German bank rates for short-term credits, at least 3.5% more than the current interest rate of the European Central Bank. If the customer has not paid for a translation or we are aware of circumstances that reduce his credit worthiness (legal or administrative distrait, insolvency, application for a composition, negative information of authorized credit protection organizations), we can ask for payment in advance for all further deliveries and deferred receivables may be in arrears immediately.
The delivered translation is our property until all charges have been paid , this is also the case if the translation is forwarded to third parties.

11. Reservation of proprietary rights
The delivered translation as well as the copyright is our property until all receivables have been paid. Until this time the customer has no rights to the use of the translation. If the translation has been created for a third person, we reserve the right to inform this person of the outstanding receivables and the therefore resulting illegal use of the translation. We can also order him to pay the outstanding invoice amount as well as further incurred costs.

12. Dispatch, electronic transmitting
Dispatch or electronic transmitting is for the customer’s risk. We are not liable for faulty or damaged transmission of the texts. We are also not liable if they get lost through means than electronic transmission.

13. Confidentiality
We treat all texts as strictly confidential. Furthermore we promise to maintain silence about all facts concerning business relations with our customers. We can not guarantee the complete protection of business and information secrets as well as other confidential data when it is transmitted electronically between the customer, us and possible third persons, because persons without authority could abuse this data.

14. Aplicable law and court of jurisdiction
Contracts with our customers as well as all other business are only subject to German law. International sales law is excluded. As far as possible, for both parties the only court of jurisdiction for all cases is Neumakrt, Oberpfalz, Germany.

15. Final agreements
In the field of regulation for data protection we have the right to process and save customer data. If one of our conditions is not according to law, the other terms are still valid. The illegal condition has to be modified so that it still fullfilles its economic purpose but is now according to law. Contracts between us and our clients are always subject to German law.