Linguamon GmbH - Our General Terms and Conditions

General Terms and Conditions

§1 Order acceptance

All orders will only be accepted and performed according to the following General Terms and Conditions (GTC). The customer accepts these terms and conditions upon placing an order. The service provider assumes that the customer saves their data, also after the order was delivered. The service provider does not save the data transferred by the customer. The data transferred by the customer is deleted after the order has been completed unless otherwise agreed.

No liability shall be assumed for delays or errors in the execution of the order caused by the incorrect or incomplete transfer of the source text or by ambiguous or incorrect formulations in the source text.

An order will only be completed after we receive a binding, written confirmation of our cost estimate.

 

§2 Copyrights

The customer is responsible for the contents of the transferred data. We assume that the customer holds the copyright for all work assigned to us. The customer is solely responsible for all consequences arising from a copyright infringement.

§3 Responsibility for content

Linguamon cannot be held responsible for the content of the translated document. Views, opinions, and content are the sole responsibility of the author and do not reflect our opinion in any way. We reserve the right to refuse to translate any document or content.

§4 Area of responsibility of the customer

It is the responsibility of the customer to provide documents with a clearly discernible format and legible content. The customer is obliged to notify use immediately of any changes made during the translation process that could in any way affect the content or format of the final product. Changes may be cause for an adjustment of the price upon mutual agreement.

 

§5 Granting a limited license

The customer retains all rights to all documents transferred to us by the customer or by persons authorized by the customer. To be able to offer this service, the customer grants the service provider a non-exclusive, fully paid, perpetual, worldwide right to copy, distribute, display, export, publish, translate, edit, modify, and otherwise use these documents in connection with the service regardless of the medium, technology, or form in which they are used.

§6 Liability & claims for damage

We expressly assume no liability for any damage to or the loss of the files on the customer’s or our data media, or on the electronic data transmission paths and networks. We also expressly assume no liability for damage to or the loss of any materials made available to us.

In any case, the liability or warranty is limited to the pure material value of the documents or the material provided to us.

Should the translation prove to be unsuitable for the purpose intended by the customer (publication, advertising purposes, etc.), we reserve the right to rectification of the translation. Under no circumstances shall this give rise to claims for damages, even if, as a result of a defective adaptation, a publication or advertisement has to be repeated or leads to damage to the company’s reputation or image. If the customer does not specify that a translation is intended for publication or does not send us a proof before printing and has the translation printed without our approval, then the customer is fully liable for all deficiencies.

 

§7 Delivery time & delivery delays

Linguamon makes every effort to complete all orders within the agreed time frame. However, we cannot accept any responsibility for untimely deliveries caused by technical difficulties. If notified in time, we will consider all other means of delivery. Minor delivery delays do not entitle the customer to refuse acceptance or to claim damages. We assume no liability for delivery delays caused en route. The customer is only entitled to withdraw from the contract in cases of delays in performance or impossibility of performance for which we are responsible if we have exceeded the delivery deadline by an unreasonably long time and the customer has granted us a grace period in electronic or written form.

§8 Delivery method

We shall deliver the translation by email, by post, or by a courier service commissioned by us. The costs are calculated according to our current price list or are based on a mutual agreement.

§9 Disruptions, force majeure, network and server errors, viruses

No liability is accepted for damage caused by force majeure, operational disruptions, network and server errors, line and transmission problems, etc. We are also not liable for damage caused by viruses. Our IT systems (networks, programs, files, etc.) are scanned regularly for viruses. When files are sent to the customer by email or any other means of remote transmission, the customer is responsible for conducting a final check of the files and texts received. Claims for damages in this regard cannot be accepted.

§10 Prices & method of payment

All offers and prices are subject to change. The prices are in euro unless a different currency has been agreed to. All prices quoted are net prices excluding value added tax. Unless otherwise agreed, invoices are to be paid within fourteen days by bank transfer. In the case of payment by direct debit, the customer gives Linguamon the permission to debit the invoiced amounts due from his account by direct debit.

§11 Retention of title

The items to be delivered remain our property until we have received full payment.

§12 Warranty & complaints

Notices of defects, insofar as they concern obvious defects, must be reported by the customer no later than 14 days after receiving the work ordered. Only technical defects that could have been avoided according to the current state of the art shall be considered justified defects. In the case of non-obvious defects, the statutory limitation period shall apply. In the event of justified complaints, the customer shall only be entitled to rectification of defects or delivery of a replacement at our discretion.

§13 Protection of secrets

When electronically transmitting text and data between the customer and possible vicarious agents, we cannot guarantee absolute protection of business secrets, secret information, and other confidential data and information because it cannot be ruled out that unauthorized third parties may be able to access the transmitted information electronically.

§14 Modifications/changes

The service provider may change the terms and conditions of the services offered by Linguamon at any time. The service provider shall notify the customer of the changes by posting an official notice on the home page of Linguamon or by sending an email directly to the customer. If the customer uses the services offered by Linguamon after receiving notification of a change, then the customer accepts the change. The service provider can terminate or revise any or all aspects of the service at its sole discretion and without prior notice.

§15 Applicable law & place of jurisdiction

The contractual relationship and other business relations between Linguamon and the customer are exclusively subject to German law to the exclusion of the international law on the sale of goods. As far as permissible, the exclusive place of jurisdiction for all disputes for both parties shall be the registered office in Dortmund.

§16 Effectiveness

Should individual passages of the GTC be invalid according to applicable law, all other passages shall remain valid. When an updated version of the GTC is published, all older versions become invalid.