General Terms and Conditions
General Terms and Conditions
§1 Acceptance of Order
All contracts shall only be accepted and executed subject to the following General Terms and Conditions. The client shall accept these General Terms and Conditions when placing an order. The supplier presumes that the client will save translations beyond the time of their submission. The data transmitted by the client shall not be stored by the supplier, unless otherwise agreed upon. The data transmitted by the client shall be deleted once the order has been performed, unless otherwise agreed upon.
No liability shall be assumed for delays or poor workmanship caused by the incorrect or incomplete transmission of or by misunderstandings or incorrect formulations in the source text.
Orders shall only be performed following the receipt of a binding written confirmation of the respective cost estimate.
The client shall be responsible for the content of the data transmitted. The client shall be deemed to hold the copyright of all data transmitted. The client shall solely be liable for the consequences of any copyright infringement.
§3 Responsibility for Content
Linguamon shall not be made responsible for the content of translated documents. All views, opinions and content shall be the sole responsibility of the author concerned, and they do in no way reflect the opinion of Linguamon. We shall reserve the right to refuse to translate certain documents or content.
§4 Responsibilities of the Client
The client shall be responsible for submitting documents that are legible and clearly formatted. The client shall be obliged to immediately inform us of any changes during the translation process that might affect the content or format of the final product in any way. Every change may result in a price adjustment to be mutually agreed upon.
§5 Granting of a Limited Licence
The client shall retain all rights to all documents that are transmitted by the client or by a person authorised by the client. For this service to be offered, the client shall grant the supplier a non-exclusive, paid, permanent and worldwide right to copy, distribute, display, process, publish, translate, adapt, modify or otherwise use such documents for the service to be provided, irrespective of the medium, the technology or the way in which such right is used.
§6 Liability and Claims for Damages
We shall explicitly not assume any liability whatsoever for the loss or damage of files on clients’ or our data carriers, during electronic data transmission or in networks. Furthermore, we shall explicitly not assume any liability for the damage or loss of any materials made available to us.
In any case, liability or warranty shall be limited to the mere material value of the documents and/or materials provided.
In the event that a translation is deemed to be unsuitable for the purpose intended by the client (publication, advertisements, etc.), we shall reserve the right to amend the translation. This shall not constitute the right to claim damages, even if a publication or advertisement has to be repeated due to inadequate adaption, or if this results in a loss of reputation or image on the part of the company concerned. If the client does not advise us that the translation is intended for publication, or if he/she does not send it to us for proofreading and approval prior to printing it, the client shall be fully liable for any deficiency.
§7 Submission Date and Delayed Submission
Linguamon strives to complete all orders within the time frame agreed upon. However, we shall not accept any responsibility for submissions not made on schedule due to possible technical difficulties. If we know of such difficulties in time, we shall consider all means of submission available. Minor delays in submission shall not justify the non-acceptance of translations or claims for damages. We shall not accept any liability for delayed submissions caused by the mode of submission. If we are responsible for any late or no submission, the client shall only be entitled to withdraw from the contract if we have exceeded the due date for an inappropriate period of time and if the client has given us a grace period, either electronically or in writing.
§8 Mode of Submission
Translations shall be sent by email, post or by a courier service of our choice. The respective costs incurred shall be invoiced according to our prevailing price list or as agreed upon.
§9 Disruptions, Force Majeure, Network and Server Errors, Computer Viruses
No liability shall be assumed for any damage caused by force majeure, business disruptions, network or server faults, line or transmission faults, etc. Furthermore, we shall not be liable for any damage caused by viruses. Our IT systems (networks, programms, files, etc.) are regularly checked for viruses. The client shall be responsible for the final check of all files and texts transmitted by email or by any other means of remote transmission. Any such claim for damages shall not be accepted.
§10 Prices and Payment Method
All our offers and prices are subject to change. The prices quoted are in EUR, unless another currency has been agreed upon. All prices are net excluding VAT. Unless otherwise agreed upon, invoice amounts are to be transferred within fourteen days. In the case of payments by direct debit, the client shall authorise us to directly debit his/her account with the respective invoice amount due.
§11 Retention of Title
We shall retain title to all translations until such time that all our claims are settled.
§12 Warranty and Claims
The client must give notice of any obvious deficiencies within 14 days from receipt of the translation at the latest. Only technical inaccuracies that could have been avoided by state-of-the-art technology shall be deemed to be justified deficiencies. In the case of concealed deficiencies, the statutory limitation period shall apply. If justified deficiencies are concerned, the client shall at our discretion only be entitled to an amendment or a substitution of the translation concerned.
We cannot guarantee that trade secrets and confidential information or other confidential data and information are fully protected during the transmission of texts and data to clients or any vicarious agents, as it cannot be precluded that unauthorised third parties access any electronically transmitted information.
Linguamon shall be entitled to change its terms of service at any time. Official notice of any such change shall either be posted on Linguamon’s website or directly be sent to our clients by email. If clients avail themselves of the services rendered by Linguamon, they shall be deemed to have accepted any such change. Linguamon may terminate or revise any and all aspects of its terms of service at its own discretion and without giving prior notice.
§15 Applicable Law & Place of Jurisdiction
The contractual relationship or other business relationships between Linguamon and its clients are exclusively subject to German law under exclusion of the UN Convention on Contracts for the International Sales of Goods. To the extent permitted, the place of jurisdiction applicable to either party shall be the place where the registered office of Linguamon is located.
In the event that some provisions of these General Terms and Conditions are or become invalid pursuant to applicable law, this shall have no effect on the validity of the remaining provisions. Updated General Terms and Conditions shall supersede any former version thereof.