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General Terms & Conditions
1.
General
These general terms and conditions shall apply to all legal
relations between
translations4u.net
and its clients, and shall preclude the application of the latter's general
terms and conditions, unless
translations4u.net
expressly agrees to this in writing beforehand.
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2. Quotation and conclusion of agreement
As long as
translations4u.net
has not had an opportunity to assess the nature of the entire document submitted
by a client to be translated and/or otherwise edited, any quotation provided in
this respect along with the fee and/or delivery time stated therein, shall be
free of obligation and may at all times be withdrawn or modified.
A client shall be deemed to have entered into an agreement at such time as he
submits an order. The time at which such order is submitted shall be deemed to
be when the client sends an order for a translation to
translations4u.net
or presents it to the latter. An order for a translation may be sent by post or
fax.
In order to confirm the submission of the order by the client,
translations4u.net
shall send the latter an e-mail to this effect. Failure to send this e-mail
shall in no way bar the client from entering into this agreement. The e-mail
sent by
translations4u.net
shall confirm that the latter has entered into the agreement in question.
translations4u.net
shall treat as its client the person who submits an order to it, unless he
expressly indicates that he is acting on the orders, on behalf of and/or at the
expense of a third party, provided that he stipulates the name and address of
this party.
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3. Delivery time and deadline
The agreed delivery time is indicative and
translations4u.net
undertakes to do all in its power to comply with it. Should it appear that it
will be impossible for it to ensure timely delivery due to exceptional
circumstances,
translations4u.net
undertakes to notify its client to this effect forthwith.
In the unlikely event that the relevant deadline is missed, the client shall be
entitled to cancel the agreement unilaterally if he is no longer able to wait
for his order to be fulfilled. In this case
translations4u.net
shall not be liable for any compensation.
Delivery shall be deemed to have occurred at such time as
translations4u.net
effects despatch by e-mail or, if applicable, post, fax or courier.
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4.Modification or withdrawal of order
In the event that after an agreement is concluded, the client makes changes
of a limited nature, this to be determined solely at the discretion of
translations4u.net,
the latter reserves the right to adjust any relevant delivery time and/or fee to
accord with such modification.
translations4u.net
undertakes to e-mail its client confirmation of any change made to an order,
delivery time or fee after the relevant agreement has been concluded, once it
has assented to such change.
In the event that a client withdraws an order after it has been submitted, he
shall be liable for payment of the agreed sum in full, unless
translations4u.net
indicates that a discount may be granted. The extent of such discount shall be
determined solely at
translations4u.net
discretion.
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5. Proficient fulfilment of orders and confidentiality
translations4u.net
gives an undertaking to its clients that it will ensure that any order for a
translation will be fulfilled to the best of its ability and expertise.
Subject to its responsibility for the proficient fulfilment of an order,
translations4u.net
shall be entitled to engage the services of a third party, i.e. an independently
operating proficient translator, for the fulfilment of such order. Based on its
experience in and knowledge of the translation market,
translations4u.net
undertakes to engage the services of one or more external translators for a
specific order (or part thereof), to the best of its ability and expertise,
having regard as far as possible to the nature of the order in question.
translations4u.net
undertakes to treat all information provided by a client as confidential.
Furthermore,
translations4u.net
undertakes to alert any external translator whose services it engages, to his
duty to ensure the confidential treatment of information and any documentation
it may have obtained. Nevertheless,
translations4u.net
cannot be held liable for the unlikely event that a third party may fail to
comply with his duty of non-disclosure.
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6. Standard and other fees, and payment
In principle, the standard fee shall be based on a rate per word and shall be
calculated on the basis of the number of words in the document that has been
translated (the target document), multiplied by the applicable rate per word,
unless
translations4u.net
comes to some other agreement with a client. The applicable rates shall be
listed in the relevant quotation.
translations4u.net
shall supplement the aforementioned standard fee with a surcharge in the event
that the document that is to be translated, requires additional work, is of an
extraordinary or specialist nature, or if it needs to be translated very
urgently (more urgently than
translations4u.net's
short standard delivery times), or if more expenses need to be incurred for any
other purpose, which exceed what
translations4u.net
could reasonably have expected.
Invoices shall be paid within twenty one (21) days of the relevant invoice date.
A client shall be liable for any extrajudicial debt collection costs in the
event of his failure to effect timely payment.
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7. Complaints and disputes
A client shall be required to notify
translations4u.net
of any complaint about a translation as soon as possible but no later than ten
(10) days following delivery. The submission of a complaint shall under no
circumstances discharge the client from his duty to effect payment.
Should a client raise any question about the accuracy or quality of a
translation which clearly goes beyond any polemical dispute about the most
appropriate or best translation of one or several words,
translations4u.net
undertakes to comment on this through the relevant external translator. In the
event that
translations4u.net
can reasonably show that the translation in question has definitely been
proficiently executed, it shall be entitled to charge the client concerned for
any additional time involved.
If a complaint (or part thereof) is well-founded,
translations4u.net
undertakes to do all in its power to ensure the urgent and proficient correction
of the product that has been delivered, in consultation with the client in
question, or in the event that the client prefers it, to present the latter with
a discount on the agreed fee amounting to part but no more than the total sum
thereof. All of the foregoing shall be done with a view to achieving a
reasonable solution for all the parties involved.
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8. Liability and indemnification
A client shall only be entitled to hold
translations4u.net
liable for loss or harm that can be shown to be a direct result of any default
that may be attributed to it.
translations4u.net
shall under no circumstances be liable for any other form of loss or harm, such
as loss of business, loss due to delay or loss of earnings. Whatever the case,
liability shall be limited to a sum equivalent to the fee charged for the order
in question.
translations4u.net
shall in no way be liable for the faulty translation of ambiguities in specific
parts of the source document.
The assessment of the question as to whether a document that is to be translated
or the translation thereof entails certain risks of bodily injury, shall be
performed entirely at the risk and expense of the client in question.
The client shall be deemed capable of checking any parts of a translation
supplied by
translations4u.net
which are important to him or which are of an essential nature, such as figures
and/or important contractual terms and conditions of the parties to an agreement,
and medical information, in view of the fact that, whereas
translations4u.net
produces translations to the best of its ability and expertise, it can under no
circumstances by held liable for consequential or other loss or harm suffered as
a result of a human error in the translation of any of the aforementioned parts.
translations4u.net
shall not be liable for damage to or the loss of any documents which its client
places at its disposal. Nor shall
translations4u.net
be liable for any loss or harm occasioned by the use of information technology,
the Internet and modern means of telecommunication.
A client shall indemnify
translations4u.net
against any claim made by a third party in relation to the alleged infringement
of a title of ownership, patent or copyright, or the use by a third party of the
product supplied.
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9. Cancellation
Should a client fail to fulfil his duties or in the event that he is
bankrupt,
translations4u.net
shall be entitled to cancel all or part of a valid agreement or to suspend its
execution without being liable for compensation. In this case
translations4u.net
shall be entitled to immediate payment of any sum owed to it.
In the event that
translations4u.net
fails to fulfil its duties due to any circumstances beyond its control, it shall
be entitled to cancel the relevant agreement without being liable for
compensation. Such circumstances shall at any rate be deemed to include but
shall not be confined to fire, accidents, illness, strikes, rioting, war,
transport obstructions, measures taken by the appropriate public authorities, or
any other circumstances that are beyond
translations4u.net's
control.
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10. Copyright
Unless expressly agreed otherwise,
translations4u.net
shall retain copyright to any translation produced by a translator.
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11. Amendment of general terms and conditions
translations4u.net
shall at all times be entitled to amend these general terms and conditions
without giving notice to this effect. Nevertheless,
translations4u.net
undertakes to ensure the proper provision of these general terms and conditions
upon request, and to publish them on the website,
www.translations4u.net.
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