(1) These Terms of Contract apply to contracts between customers (hereinafter referred to as contracting parties) and Translax24, His (contractor), unless otherwise expressly agreed or prescribed by law.
(2) GTC of the client are only binding for the contractor if he expressly acknowledges them.
- Scope of the order
The contract will be executed carefully in accordance with the principles of proper professional practice. The client receives the contractually agreed copy of the service. By placing the order he accepts these terms and conditions, which are an integral part of every order. All orders are legal, whether electronic, verbal, written or by telephone.
- Obligation and duty of information of the client
(1) The client must inform the contractor in good time about desired embodiments of the service (number of copies, external form of service, readiness for printing, delivery on data carriers, purpose of use, target group, etc.). If the service is intended for printing, the client shall provide the contractor with a proof copy in due time before printing, so that the contractor can eliminate any errors. Names and numbers are to be checked by the client.
(2) The client shall provide the contractor with information and documents necessary for the provision of the service when placing the order (illustrations, abbreviations, internal terms, tables, terminology of the client, drawings, etc.).
(3) Errors and delays resulting from the lack of or delayed delivery of information material and instructions shall not be borne by the contractor.
(4) If the service consists in making a translation, the client assumes liability for the rights to a text and ensures that the translation may be made. He releases the contractor from corresponding claims of third parties.
- Remedy of defects
(1) The contractor will produce the best possible service that meets the specifications. If the service has factual, linguistic, spelling or typographical errors, the client must immediately report the defects in writing. In this case, the client will receive a free correction of the errors within a reasonable period, provided the errors are justified. A waiver of a correction does not entitle the client to reduce the fee or to refuse payment.
(2) The claim for supplementary performance must be notified by the client within 24 hours, stating the defect clearly. Otherwise, claims for defectiveness can no longer be asserted.
(3) If the contractor does not remedy the asserted deficiencies within a reasonable period of time or rejects remedying the defects, the statutory warranty rights shall be resumed, unless another agreement has been made. This also applies to failed remedial action or unjustified complaint.
(1) The contractor shall give the client terms of delivery to the best of his knowledge and belief. The delivery times can only be regarded as expected dates.
(2) The customer is only entitled to withdraw from the contract if the delivery period has been exceeded for an unreasonably long time and he has previously set a reasonable grace period in writing. It is not possible to cancel the order for minimum orders, express, night and weekend orders as well as already completed services.
(3) The postal or electronic dispatch takes place at the risk of the client. The contractor is not liable for incorrect or unsuccessful transfer of the documents or for their loss or damage by electronic or non-electronic means of transport.
(1) The contractor is liable only for gross negligence and intent. The term gross negligence does not include damage caused by computer breakdowns and transmission errors caused by e-mail or viruses. The contractor will take precautions against this through anti-virus software. Liability for slight negligence is excluded.
(2) The contractor is not liable for errors caused by incorrect or incomplete information of the client or incorrect source texts.
(3) If a service is intended for printing and the client does not provide the contractor with a proof copy in good time before the start of printing, any defect shall be borne by the client.
(4) Violations of the copyright or claims of third parties are always at the expense of the client in the preparation of services.
(5) If problems arise during the execution of an order, the client always strives to find a mutually agreed solution with the contractor.
- Professional secrecy
The client undertakes to maintain confidentiality about all facts that become known to him in connection with an activity for the client.
- Participation of third parties
(1) The contractor is entitled to use employees or competent third parties to execute the order.
(2) If expert third parties are consulted, the contractor must ensure that they undertake to maintain secrecy in accordance with Article 7.
(1) The invoices of the contractor are due and payable without deductions on completion, unless a prepayment is required. It applies the train to train business – service release by means of payment.
(2) In addition to the agreed fee, the contractor is entitled to the reimbursement of the service costs actually incurred. The contractor may require a reasonable advance / advance payment for extensive services.
- Retention of title and copyright
(1) The service remains the property of the contractor until full payment. Until then, the client has no right of use.
(2) The contractor reserves the right to create any copyright.
- Right of withdrawal
Insofar as the award of the service contract is based on the fact that the contractor has offered the preparation of the service on the Internet, the client waives his possibly existing right of withdrawal. This also applies in the event that the contractor has started to prepare the service and has notified the client of this. Orders that fall within the minimum order flat rate or include express orders are not refundable, nor are already completed orders.
- Applicable law
(1) The contract and all resulting claims are subject to international law. Translax24 is active online without any business premises or registered Swiss branches.
(2) The contract language is German and Switzerland is not the place of jurisdiction.
- Severability clause
The effectiveness of these terms and conditions is not affected by the invalidity or invalidity of individual provisions. The ineffective provision shall be replaced by a valid one that comes as close as possible to the economic result or the intended purpose.
- Changes and additions
Changes and additions to these terms and conditions are always valid. The currently published conditions apply.