General Terms and Conditions
schnelle-uebersetzungen.ch is a service provided by the
Finexo GmbH with its headquarters in Bern, Switzerland
General Terms and Conditions
These general terms and conditions govern the business relationship between schnelle-uebersetzungen.ch bzw. of Trustee and Insurance Centre GmbH (hereinafter: agent) and its customers in the fields of translation, reading, writing and interpretation services.
All services commissioned to schnelle-uebersetzungen by fax, email or mail may require the customer's unconditional acceptance of the following General terms and conditions (GTC).
Service standards and use of third parties:
The services will be performed with due diligence in accordance with the principles of proper professional conduct. The Agent may use its own employees or third parties in order to provide the services (hereinafter: Mandatee).
Prices quotation prices apply as standard prices, unless otherwise agreed. Invoicing shall be on the basis of the agreed price per line and the actual line number (target text) or on the basis of the agreed hourly rate and the actual hours spent. The actual price invoiced may exceed the quotation price only by a maximum of 15%. If the customer makes any additions or changes to the source text after the order has been placed, the allowable quotation exceeding by a maximum of 15% does not apply. Additions are made to the agreed price per line and the additional cost arising from the changes will be charged at the agreed or customary hourly rate. The Agent can depend the delivery of its services from the prior payment of the full price and/or may particularly for extensive translations require an advance. Unless otherwise agreed, the Customer shall pay the invoiced price plus VAT within 10 days from the date of invoice. After expiry of the payment period, the customer is in default of payment, without the necessity of a reminder, and the Agent is entitled to demand default interest of 5%.
The validity of the bids without the agreed validity period is 10 days.
The Agent deems meeting the agreed deadlines as an essential part of the services offered. In case of significant subsequent content changes by the customer, the Agent must be granted a reasonable extension of time. schnelle-uebersetzungen.ch declines any responsibility for translation deliveries delays by fax, mail or e-mail, or other postal means, and in force majeure events.
Customer cooperation :
The customer must notify the Agent well in advance of any special formats for carrying out the services (type of data carrier, fonts, format and presentation, etc.). If the customer possesses information and documents that are necessary or useful for providing the services (for example, parallel texts, company internal names and acronyms specific glossaries, illustrations, drawings, tables, etc.), these must be made available to the Agent voluntarily and in good time.
The customer's rights for defects liability:
The customer is entitled to free correction of significant errors contained in the services. The claim for correction of errors must be made by the customer in writing, stating the significant errors within a period of 14 days after delivery of the service. The Agent is allowed a reasonable period to correct the errors. Should the services still contain significant errors after revising, then the customer is entitled to demand a further revision or an appropriate reduction of the price within a period of 5 days from resubmitting. The rights for defects liability are forfeited, if no notice of defects is made within 14 days after the delivery of the service. If the errors are reported on time, the limitation period of warranty claims is one year from the original delivery of the service.
The delivery or electronic transmission of the translation is usually done from the office handling the delivery process. This is done at the risk of the customer.
We accept no liability for the inaccurate or damaging transmission or loss of texts, as well for their damage or loss during non-electronic transmission.
Limitation of liability:
The Agent's liability for damages, to the extent permitted by law, is waived.
The customer shall only be entitled to withdraw from the contract in case the Agent fails to meet obligations and in case of impossibility, if the delivery deadline is unreasonably exceeded and a new deadline has been set by electronic or written communication.
A deadline is expendable, if the customer has already pointed out to Agent in writing when placing the order that the provision of contractual services after expiration of the agreed deadline is insignificant to him.
Professional secrecy / data protection:
The Agent undertakes to treat all customer documents, in particular the source text, and all orally or in writing obtained information related thereto (hereinafter "Customer Data") as confidential and use it solely for the provision of services. The principals used for the provision of the services must be bound by the Agent to confidentiality of customer data. A special confidentiality agreement can be convened between the Customer and the Officer at customer's request. Without explicit instructions to the contrary, the Agent assumes that the customer agrees to the unencrypted electronic transmission of services and customer data over the Internet. The customer shall be responsible for any accompanying data protection and data loss risk.
intellectual property law:
The Agent assumes that the customer has the intellectual property editing rights on the source texts necessary for carrying out the services and that these rights are granted to the Agent, to the extent necessary for carrying out the services.
Applicable Law / Place of jurisdiction :
Swiss law shall govern the contractual relationship between the customer and Agent. Exclusive jurisdiction is Bern.
In the event any provision of these General Terms and Conditions is found to be invalid, the validity of any of the remaining provisions shall not in any way be affected. In such a case, a valid arrangement most closely approaching the legal and business purpose shall be considered as agreed The same applies to an unintended gap in the law.
Changes in business conditions
Any changes in business conditions shall be communicated to the Customer in writing. They shall be deemed approved if the customer does not object within two weeks after notification in writing.
The customer declares that he is familiar with the entire contents of these General Terms and Conditions, and he agrees to these conditions, which represent the main part of the contract that is binding both for the customer and for the Agent.
Bern, September 2013