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EnglishBusiness Zolezzi/Meinhof/Molohan GbR offers translation and text production services. The following General Terms and Conditions apply to all of these services.
2. Subject of Terms and Conditions
The subject of these Terms and Conditions is the translation, correction and/or adaptation of the source text provided by the Client and all related services - in the target languages German and English (AE/BE) - and the production of texts in accordance with the Client's instructions - in this case only in the target language English.
3. Prices
All offers and prices are subject to confirmation. Prices are shown as net prices in euro and exclude the applicable statutory value-added tax (MwSt).
4. Offers and placement of orders
Offers are based on the information supplied by the Client. These do not represent a binding agreement on prices or deadlines.
Clients may place orders in writing, by email, fax or post, or verbally. Orders are not valid until confirmed by EnglishBusiness in writing or verbally. EnglishBusiness reserves the right to decline orders.
Both offers made and services provided after placement of an order are subject to these General Terms and Conditions. The Client accepts these when placing an order. The Terms and Conditions of the Client shall not form an integral part of agreements, even if EnglishBusiness does not expressly contradict these Terms and Conditions and the order is completed regardless.
Clients may place orders in writing, by email, fax or post, or verbally. Orders are not valid until confirmed by EnglishBusiness in writing or verbally. EnglishBusiness reserves the right to decline orders.
Both offers made and services provided after placement of an order are subject to these General Terms and Conditions. The Client accepts these when placing an order. The Terms and Conditions of the Client shall not form an integral part of agreements, even if EnglishBusiness does not expressly contradict these Terms and Conditions and the order is completed regardless.
5. Completion of orders
EnglishBusiness shall complete all orders to the best of our knowledge and judgement. The Client shall cooperate to the extent that is required to complete the order properly. Special requirements regarding terminology to be used, the purpose of the text or similar must be notified to EnglishBusiness before the services commence. If this does not happen, no liability can be accepted for resulting defects or damages.
EnglishBusiness is entitled to enlist the services of qualified third parties in order to complete the order. In this respect, EnglishBusiness shall be liable only for ensuring careful selection of these parties. For quality control purposes, every translation shall be checked by an EnglishBusiness employee who is not the translator, unless otherwise agreed.
EnglishBusiness is entitled to enlist the services of qualified third parties in order to complete the order. In this respect, EnglishBusiness shall be liable only for ensuring careful selection of these parties. For quality control purposes, every translation shall be checked by an EnglishBusiness employee who is not the translator, unless otherwise agreed.
6. Deadlines
EnglishBusiness shall endeavour to adhere to all deadlines. The service agreed is deemed as fulfilled once the target texts have been sent to the Client on time.
If source texts are not provided by the Client on time or if changes are made to the order, any agreements on deadlines affected by this shall become invalid.
If source texts are not provided by the Client on time or if changes are made to the order, any agreements on deadlines affected by this shall become invalid.
7. Termination
The Client may cancel an order at any time. However, the Client must reimburse any costs incurred up to that time.
8. Malfunctions, force majeure, operational closure or restrictions, network and server failure, viruses
There shall be no liability for damages caused by operational malfunctions, particularly force majeure such as from natural hazards and transportation disruption, network and server failure, other circuit and transmission disturbances and other hindrances beyond the control of EnglishBusiness. In such exceptional circumstances, EnglishBusiness is entitled to cancel agreements either in whole or in part. The same applies if there are good reasons for the business to be closed or shut down, either temporarily or permanently.
EnglishBusiness accepts no liability for damages caused by viruses. All computers as well as incoming and outgoing emails are checked regularly for viruses. If files are sent electronically, the Client shall be responsible for final scanning of transmitted files for viruses. No liability for damages is accepted in this respect.
EnglishBusiness accepts no liability for damages caused by viruses. All computers as well as incoming and outgoing emails are checked regularly for viruses. If files are sent electronically, the Client shall be responsible for final scanning of transmitted files for viruses. No liability for damages is accepted in this respect.
9. Confidentiality
EnglishBusiness undertakes to maintain confidentiality on all matters of which we become aware when completing orders and to treat texts supplied by Clients with confidentiality. If third parties are involved, EnglishBusiness shall ensure that they are also bound by confidentiality. There shall be no obligation of confidentiality for matters that are already in the public domain. Where data is transmitted electronically, EnglishBusiness accepts no liability for maintaining confidentiality during the transmission process.
10. Liability – defects, improvements, delays
EnglishBusiness accepts liability for the proper performance of services ordered.
An order is deemed fulfilled without defects unless the Client notifies EnglishBusiness of a defect in writing within 10 working days after final delivery of the order is made by us. Under such circumstances, the Client waives any claims that may arise due to possible defects in the target text.
If EnglishBusiness is notified within 10 working days of an objective and significant defect, EnglishBusiness must then be given an opportunity to remedy the defect. If EnglishBusiness is not given this opportunity, price reductions, rescission and liability are excluded. If the remedying of defects is unsuccessful, the Client may request a price reduction or rescission of the agreement. Upon rescission of an agreement, all rights to the target text shall remain with EnglishBusiness.
EnglishBusiness shall not be liable for defects and delays caused by incorrect or incomplete information and documents, or information and documents not supplied on time, or by defective, illegible or incomplete source texts.
If a text is intended for printing, the Client should request EnglishBusiness to perform a galley proof of the text before releasing it for printing. If the Client or a third party prints the text without clearance from EnglishBusiness, the Client shall be liable for any defects.
Any damages claims by the Client, whether of a contractual or tortious nature, for compensation for direct or indirect damage shall be excluded on the merits and amount unless the damage is due to gross negligence or intent on the part of EnglishBusiness. If the damage results from a breach of material contractual obligations for the order in question, EnglishBusiness shall also be liable for negligence but only for an amount equivalent to two times the value of the order in question.
The Client shall indemnify EnglishBusiness and associated service providers from claims from third parties, particularly with regard to breach of copyright.
An order is deemed fulfilled without defects unless the Client notifies EnglishBusiness of a defect in writing within 10 working days after final delivery of the order is made by us. Under such circumstances, the Client waives any claims that may arise due to possible defects in the target text.
If EnglishBusiness is notified within 10 working days of an objective and significant defect, EnglishBusiness must then be given an opportunity to remedy the defect. If EnglishBusiness is not given this opportunity, price reductions, rescission and liability are excluded. If the remedying of defects is unsuccessful, the Client may request a price reduction or rescission of the agreement. Upon rescission of an agreement, all rights to the target text shall remain with EnglishBusiness.
EnglishBusiness shall not be liable for defects and delays caused by incorrect or incomplete information and documents, or information and documents not supplied on time, or by defective, illegible or incomplete source texts.
If a text is intended for printing, the Client should request EnglishBusiness to perform a galley proof of the text before releasing it for printing. If the Client or a third party prints the text without clearance from EnglishBusiness, the Client shall be liable for any defects.
Any damages claims by the Client, whether of a contractual or tortious nature, for compensation for direct or indirect damage shall be excluded on the merits and amount unless the damage is due to gross negligence or intent on the part of EnglishBusiness. If the damage results from a breach of material contractual obligations for the order in question, EnglishBusiness shall also be liable for negligence but only for an amount equivalent to two times the value of the order in question.
The Client shall indemnify EnglishBusiness and associated service providers from claims from third parties, particularly with regard to breach of copyright.
11. Postage and data transmission
Dispatch by post, fax and email is at the Client's own risk. EnglishBusiness accepts no liability for the defective transmission of texts, or for damage to or loss of these texts.
12. Payment terms
Invoices are due upon receipt without deduction.
13. Reservation of title
All services provided shall remain the property of EnglishBusiness until full and final payment of all monies due. Until such time, the Client shall have no beneficial right of use.
All services provided shall remain the property of EnglishBusiness until full and final payment of all monies due. Until such time, the Client shall have no beneficial right of use.
14. Data protection
Pursuant to Section 33 of the German Federal Data Protection Act (BDSG), EnglishBusiness advises that personal data will be stored, used and processed for the completion of orders. Where third parties are enlisted for the completion of orders, EnglishBusiness is permitted to reveal Client data, if this is required for the performance of services. This is expressly accepted by the Client.
15. Miscellaneous
Rights and obligations arising from this agreement are not transferable.
The place of performance and exclusive place of jurisdiction is Hamburg. The law of the Federal Republic of Germany is applicable only and international commercial law is expressly excluded.
Should individual provisions of these General Terms and Conditions be invalid, or if they should lose validity at a later time, or if there are any omissions in these General Terms and Conditions, this shall not affect the legal validity of the remaining provisions. In place of the invalid provisions, or to replace an omission, the Parties shall be deemed to have agreed a valid provision which most closely resembles the original legal and economic purpose.
The place of performance and exclusive place of jurisdiction is Hamburg. The law of the Federal Republic of Germany is applicable only and international commercial law is expressly excluded.
Should individual provisions of these General Terms and Conditions be invalid, or if they should lose validity at a later time, or if there are any omissions in these General Terms and Conditions, this shall not affect the legal validity of the remaining provisions. In place of the invalid provisions, or to replace an omission, the Parties shall be deemed to have agreed a valid provision which most closely resembles the original legal and economic purpose.