General Terms and Conditions for all business transactions with TRANSLATIONS @ ETRADEPOST

General
The General Terms and Conditions apply to business transactions with all clients of TRANSLATIONS @ ETRADEPOST. The General Terms and Conditions are accepted by our clients through order placement and are valid for the full duration of the business relationship. They also apply to future business transactions. Clients include both legal and natural persons.

Orders
The client submits the order to TRANSLATIONS @ ETRADEPOST by fax, e-mail, mail, messenger or by personal delivery. Regardless of the type of order, the purpose of the order must be absolutely clear. Orders are valid only when confirmed in writing by us. Verbal agreements and order amendments are subject to written confirmation by us.

Offers and prices
All offers and prices are subject to change. They can be adjusted to reflect actual circumstances and altered scope without express notification. Prices are listed in Euros unless a different currency has been agreed upon. All prices listed in our offers are net prices, excluding taxes. Extended payment dates, discounts and other deductions will not be granted, unless they have been expressly agreed.

Special arrangement for interpreting
Fees for interpreting are calculated per hour/per day. The actual time of the interpreting activity is rounded up to the next full hour/full day (for assignments lasting more than one day). The time required for travel to and from the location is added to the actual working time. Half the daily fee is due if the interpreter must arrive one day prior the actual beginning of the job. Expenses (hotel room, meals, tickets, etc.) are at the charge of the order giver who will be charged with the actual cost of the expenses.

Special arrangements for translations
For translations the price is determined per line and depends on the degree of difficulty of the text. For the determination of the rate, the source language is taken into consideration while for actual billing purposes the target language will be used. Please note that, due to specific characteristics of languages, the length of text may differ in the source and target language. For quotes, please submit at least 3 to 4 pages or a representative section of the source text.

Delivery dates and partial deliveries
Deliveries dates are quoted with due care and are always to be regarded as probable delivery dates only. They do not constitute a firm commitment. The client is obliged to accept any partial deliveries in accordance with the terms and conditions agreed.
Disruption, force majeure, closure and operational restriction, network and service failures, viruses.
We accept no liability for damage caused by disruption affecting our operation, particularly in the case of force majeure such as natural disasters and traffic disruption, network and service defects, caused by connection and transfer conditions beyond our control or other such disruption. In such cases, we reserve the right to withdraw from contracts partially or fully. The same applies when important reasons prompt the closure or restriction of our operation, for single days or a specified period, either fully or partially. Nor do we accept liability for damage caused by viruses. Our IT systems (network, workstations, programs, files, etc.) are virus-checked on a regular basis. Where data is delivered by Internet or other telecommunication path, the client is responsible for the final virus check on the transferred data and text files. We will not recognise any claim for damages.

Acceptance
Acceptance of the service or delivery, including partial delivery, is a primary obligation of the client. The client's refusing or omitting acceptance of delivery constitutes a breach the contract and he will be liable - without further notification - for any damage incurred by us.

Complaints
Complaints in relation to business transactions will be recognised only if reported to us in writing, with an exact description of the deficiency, immediately after transfer or service delivery in the case of obvious deficiencies, or immediately after review of the translation or service in the case of recognisable deficiencies, or immediately after discovery in the case of deficiencies that are not directly recognisable. In the case of business and non-business transactions, the period during which a complaint can be registered is limited to two weeks after transfer of the translation or delivery of the service for obvious deficiencies, four weeks after transfer of the translation or delivery of the service for recognisable deficiencies, and otherwise four weeks after discovery of deficiencies in the translation or delivery of the service that were not directly apparent. Where a complaint is well-founded and properly submitted, we will be obliged, at our discretion, to improve or exchange the translation or service, to reduce the price or to cancel the order.

Delinquent or impossible delivery, withdrawal and compensation
In cases of delinquent, justifiably impossible or other non-delivery, the client is only entitled to withdraw from the contract if the delivery deadline has been unreasonably exceeded and where an extension has been granted. The maximum liability is limited to the amount to be invoiced for the execution of the contract for both business and non-business transactions. The amount of maximum liability will be reduced to one third if the client is insured against damage caused by us.

Special circumstances affecting translations
If the client wants to use the translated text for publication or advertising purposes, he/she is obliged to submit a special order for the text to be published or adapted for advertising purposes, which will be remunerated accordingly. If he/she omits to declare the intended purpose, i. e. fails to submit a special order, and then uses the text for publication or advertising purposes, he/she cannot claim compensation for any damages incurred as the result of a translation error or erroneous adaptation. In such cases, we reserve the right to submit our own claim on the basis of infringement of proprietary rights. Prior to publication, the client is obliged to provide us with a print draft copy for our review and approval. If he/she prints without release approval from us, this action will be entirely at his/her own risk.

Assignment
Assignment of contract rights by the client requires our written authorisation.

Conditions of payment
Generally, invoices and final invoices (in the case of a deposit) are payable upon receipt of the invoice in full and without deduction. In the event of a delay in payment and on expiration of a reasonable notice period, we reserve the right to withdraw from the contract or to claim damages for non-compliance. We also reserve the right, after due notification, to withhold all open deliveries and deposits. On request, the customer having breached the contract is obliged to return to us any already delivered items that are subject to reserved ownership. We are also entitled to require immediate payment of all still open invoices, even those not yet due for payment. In the event of payment delinquency, we are entitled to apply the standard bank interest rate from the date on which payment is overdue.

Reservation of ownership
We reserve ownership of all property and/or services until such time as full payment has been made, including future payments. In the event that an item or product is reprocessed or changed by the client, we will be deemed to be the producer and will be granted ownership of the interim or end product. The processor is merely the administrator. If the reserved property is combined or processed with other property, we will be granted co-ownership of the new property in proportion to the value of the reserved property in relation to the other property. Until such time as all open claims for payment have been settled by the client, the delivered property or services will remain our property including all associated rights.

Liability for electronic transfers
The electronic transfer of text and data will be executed by the TRANSLATIONS @ ETRADEPOST office processing the order at the risk of the client. TRANSLATIONS @ ETRADEPOST accepts no liability for defective, incomplete or lost text and data as a result of electronic transfer.

Security
As it is impossible to totally exclude external access, no absolute guarantee of secrecy can be given regarding confidential and classified content transferred via electronic means between the client and TRANSLATIONS @ ETRADEPOST.

Copyright
Copyright remains with TRANSLATIONS @ ETRADEPOST (with the translator, interpreter, typesetter, graphic designer, etc.). The assignment of copyright must be agreed individually. The costs will be agreed in related to significance and use. Use and changes by third parties in relation to translations are permissible only on receipt of authorisation from the respective translator.

Place of fulfilment and jurisdiction
The place of fulfilment for obligations in relation to TRANSLATIONS @ ETRADEPOST and our clients, as well as for debts on the part of the client is the company's main office in Völklingen, Germany. The exclusive place of jurisdiction is Völklingen, Germany.

Validity
In the event that one or more of the provisions of these General Terms and Conditions should be or become invalid, this will not affect the validity of the remaining provisions. In such cases, the provision that comes closest to meeting the intended legal and commercial purpose will be deemed to be valid instead.

Amendments to the General Terms and Conditions
The client will be notified of any amendments to the General Terms and Conditions for Internet Business in writing if the amendment coincides with the placement of an order or is done during the execution of a contract. They are deemed to be approved if the client does not object in writing within two weeks of notification. In all other cases, the client is referred to the General Terms and Conditions published on the company's website.