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1. AREA OF APPLICATION
These Terms and Conditions are binding for all services rendered by Genial Translations GbR for its Clients and supersede all prior oral and written contracts, agreements, statements and arrangements which may have existed between both parties. These Terms and Conditions are effective with the Client's acceptance of the price quote supplied by Genial Translations GbR and the placement of the Client's order. The Terms and Conditions may only be altered in written form with the mutual agreement of Genial Translations GbR and the Client. The Client's Terms and Conditions do not apply unless they are expressly acknowledged in written form as applicable by Genial Translations GbR.
2. SCOPE OF SERVICES
Translations and proofreading services will be rendered with due care and professionalism. The Client will receive the ordered documents in accordance with the specifications of the accepted quote.
3. CLIENT'S DUTY TO INFORM
The Client must inform Genial Translations GbR of any special requests or specifications prior to the commencement of work on the Client order (file formats, special terminology, formatting, etc.). If translated or proofread documents are to be professionally printed, the Client must provide Genial Translations GbR with an opportunity to conduct a final check of the documents in their print-ready format.
The Client must provide Genial Translations GbR with all information and files necessary for the completion of the Client's order in a timely fashion (glossary, images, drawings, tables, abbreviations, etc.).
Genial Translations is not responsible for errors resulting from the Client's failure to uphold the obligations defined in Section 3.
4. QUOTE
Genial Translations will create a quote based on the files and information provided by the Client. Unless otherwise specified, quotes are valid for one month.
5. DEADLINES FOR DELIVERY
The deadline for the delivery of services is defined in the quote and begins with the placement of the Client's order.
6. PAYMENT
Services will be billed upon job completion. Payments must be remitted without deduction within 30 days of the billing date. Client agrees to be responsible for costs incurred by Genial Translation GbR in collecting late payments due from the Client, including attorneys' fees.
Client shall reimburse Genial Translations GbR for necessary out-of-pocket expenses incurred by Genial Translations GbR that are not a normal part of routine translation, proofreading or editing procedures.
For large orders Genial Translations GbR may request an advance payment. This payment will be specified in the quote. Genial Translations GbR may also withhold delivery of services prior to the receipt of final payment in specific cases.
Payments can be made by wire transfer or PayPal. The Client is responsible for all transfer fees, including fees that may be charged by Genial Translation's bank for the receipt of a foreign transfer.
Genial Translations GbR may request the settling of all outstanding payments prior to the delivery of additional services.
Translations remain the property of Genial Translations GbR prior to the receipt of payment. The Client has no right of use to translated or proofread documents before payment is made.
In the event any of the following supplementary services are required, the Client will be billed additionally as specified below: (a) investigation, inquiry or research beyond that normal to routine translation, proofreading or editing due to ambiguities in the texts; (b) additional services are required because the Client makes changes to the texts subsequent to order placement; (c) Genial Translations GbR is requested to make changes to a text following delivery because of Client's preferences in terms of style and vocabulary, but only when such changes are not required for accuracy or correctness; and (d) additional consultation with Genial Translations is requested to discuss the translated or proofread text. Additional services will be billed hourly at a rate of 50 EUR/hour.
7. CANCELLATION OR WITHDRAWAL
If the Client withdraws from the order following quote acceptance but prior to service completion, the Client shall pay Genial Translations GbR the portion of the quoted price representing the percentage of total service(s) performed in addition to 50% of the outstanding services as per the terms of the quote, but in any event not less than 25% of the overall quoted price.
8. CLIENT'S REVIEW OF TRANSLATION
Upon receipt of the translation or proofread documents from Genial Translations GbR, the Client shall promptly review it and inform Genial Translations GbR of any errors within ten (10) days of receipt. Genial Translations GbR shall correct errors made by Genial Translations GbR at no cost to the Client.
9. CONFIDENTIALITY
All knowledge and information expressly identified by Client in writing as confidential which Genial Translations GbR acquires within the scope of services rendered for the Client shall be maintained in strictest confidentiality by Genial Translations GbR.
10. LIABILITY
Liability is assumed by Genial Translations GbR in cases of gross negligence and/or malicious intent. Liability in cases of petty negligence is only assumed by Genial Translations GbR when primary contractual obligations have been breached. Stylistic complaints may not serve as the basis for legal claims against Genial Translations GbR. The value of the client order serves as the maximum ceiling for Genial Translations GbR's financial liability.
Genial Translations GbR is not responsible for delays to the delivery of the Client order arising from technical malfunctions or acts of God.
Client agrees to indemnify and hold Genial Translations GbR harmless from any and all losses, claims, damages, expenses or liabilities (including reasonable attorneys' fees) which Genial Translations GbR may incur based on information, representations, reports, data or product specifications furnished, prepared or approved by Client for use by Genial Translations GbR in the work performed under these Terms and Conditions. Additionally, Genial Translations GbR shall not be liable for any incidental, special, or consequential damages or loss of any nature whatsoever, nor for any claim against the Client by any other person or entity, arising from or relating to services rendered by Genial Translations GbR, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise.
11. COPYRIGHT
Genial Translations GbR remains the copyright owner of all translations. Genial Translations GbR may request that visible reference be made to its name, particularly in translations of an artistic nature.
12. GOVERNING LAW
These Terms and Conditions shall be construed according to laws of Germany and the Client submits to the exclusive jurisdiction of the courts of Germany. In the case of discrepancies in the content or interpretation of the German and English Terms and Conditions, the German version has precedence.
Berlin, 10 May 2007
Lucais Sewell und Christiane Focking