1. Agreement and General Terms
This User Agreement constitutes the Terms of Agreement between modilingua and clients of modilingua, and applies to all business conducted hereof. These Terms of Agreement are considered recognized by the client upon commission of contract, and apply to the total duration of business conducted, as well as to future business relations. Any other conditions remain unacknowledged. Any deviations from these Terms of Agreement first require written form.
2. Conditions of Contract
All orders will be carried out with utmost care. The client is to receive his commissioned order as specified by his confirmation of contract through modilingua. In the case of vague source texts, we reserve the right to contact the client with questions, or to proceed to the best of our knowledge based on textual context.
3. Commission of Contract
The client commissions his contract under specification of the text's intended purpose, public and country. The client is to specify any special terminological needs (e.g. juristic, technical, etc.). We will not be held responsible for any delays in the contract's execution which arise due to misleading, incorrect or incomplete formulations in the text source or incomplete information from the client in regard to the text's specific purpose.
4. Client Clarification and Cooperation
The client is to instruct modilingua of any special orders, e.g. formatting of text. Should the client have any information or materials (special glossaries, images, drawings, tables, etc.) necessary for the text's comprehension, he is to supply modilingua with these without being asked. Should different meanings be derivative of one and the same word in the case of a translation, and when the intended meaning can only be interpreted by e.g. a drawing or from the context, and the client has failed to inform modilingua of e.g. a drawing or specific context, then we will not be held responsible for a false translation. We are not liable for mistakes resulting from the client's failure to supply information or materials as mentioned above.
5. Liability
Only in cases of extreme carelessness is modilingua liable. Recourse and compensation claims from any and all third parties are specifically outruled and will not be recognized by modilingua. We are not liable for any mistake in translation caused by the client's failure to supply complete and fully readable texts. In cases of minor liability caused by lack of fulfilment of these Terms of Agreement, modilingua can only be held liable for the value of the involved commissioned order.
6. Period of Delivery
The delivery time period of commissioned contracts will be specified to the client to the best of our ability and knowledge. Such delivery time periods can only be approximate time ranges. We may deviate from our targeted period of delivery indicated in the order confirmation if the involved text proves to be more difficult than expected, or for any other reasons which should subject a delay in delivery.
7. Compensation and Condition of Payment
Payment will generally be made via bank transfer or PayPal. Should a payment be specifically granted to the client by billing, this such bill is to be paid within 7 days after receipt. Discounts will not be granted, unless otherwise specifically stated by modilingua. Should the client fail to grant compensation within the given time, alls fees and bank interest will also be billed to him. Should the expanse of the commissioned contract grow, or should its degree of difficulty rise, we reserve the right to increase our honorarium accordingly.
8. Interferences, Higher Forces, Closing and Restrictions of Business, Network and Server Errors, Viruses
We shall not be made liable for any damage caused by interferences to our business, especially due to higher forces, e.g. natural catastrophes or weather, or due to network or server errors, errors in data transfer, or any other hindrances. In such cases, we reserve the right to partially or entirely resign from the contract with the client. The same holds true if we temporarily close our business or restrict our business transactions. Our computer facilities (network, workstations, programmes, files, etc.) are regularly inspected for viruses. If the client delivers a file per data transfer, e.g. e-mail, he is responsible for the final examination of such transmitted file. We are not liable for files and texts that are contaminated by electronic viruses. Compensation claims thereof cannot and will not be acknowledged.
9. Law Governing Performance and Disputes
All business between modilingua and clients is subject exclusively to German law under exclusion of the UN convention on contracts for the international sale of goods (CISG). Exclusive jurisdiction is in Berlin, Germany.
10. Effectiveness
This Agreement established by modilingua constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either modilingua or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of modilingua. Modilingua may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you.
2001-2006
Jenna L. Brinning, D-10249 Berlin
|
