|General terms and conditions, effective 15 August 2014
1. All prices quoted by TEXTPRAXIS are net of value added tax at the statutory rate applicable at the time of delivery (currently 19%). In those cases where the delivery of services entails a transfer of usage rights, the reduced VAT rate of 7% shall apply.
2. Texts produced by TEXTPRAXIS on behalf of a client and the respective copyrights thereof remain the property of TEXTPRAXIS until payment is made in full. Clients shall not enjoy any right of use to such texts prior to this transfer of ownership.
3. Unless specified otherwise, all invoices are due in full upon receipt. Any banking fees (e.g. for foreign cheques) are to be borne in full by the client.
4. In those cases where fees payable remain outstanding, TEXTPRAXIS is entitled to levy a fee of EUR 10.00 for each formal reminder sent to the client's physical address. All invoices are payable within 30 days of receipt. Where the client is in arrears, the outstanding amount shall incur interest at a rate of 8 percentage points above the current base rate of the German Federal Bank.
5. Services will be invoiced at the rates valid on the date upon which the respective order is placed.
6. Hourly fees will be charged per 30-minute increment. A minimum per order fee of EUR 60.00 applies.
7. Translation services will be charged at a per line (55 characters) rate based on the German source or target text as the case may be.
8. In the event that content produced, edited, translated or otherwise processed by TEXTPRAXIS is published, TEXTPRAXIS shall be identified as the producer / editor / translator (etc.) of this content in the appropriate manner.
9. Should a client cancel a project for reasons beyond the control of TEXTPRAXIS, the client shall be held liable for the full amount payable unless TEXTPRAXIS receives a comparable commission to be undertaken within the scheduled time-frame in lieu of the cancelled project.
10. While we make every effort to deliver our services within the agreed time-frame, TEXTPRAXIS assumes no liability for delays arising due to force majeure. In the case of a delay on the part of TEXTPRAXIS, the client will be entitled to revoke its agreement with TEXTPRAXIS only after providing for a reasonable extension of the delivery time. Upon cancellation of an order, all usage rights to the services performed up to this time shall revert to TEXTPRAXIS. TEXTPRAXIS shall not be held liable for delays in the delivery of its services for which the client is responsible including the failure to supply information necessary to complete commissioned work in a timely fashion and any other acts which otherwise impede, hamper, frustrate or prevent TEXTPRAXIS from fulfilling its obligations.
11. TEXTPRAXIS shall only be held liable in cases of demonstrable intent or gross negligence, whereby this liability shall not exceed the value of the respective order. Complaints are to be filed by the client within a warranty period of seven calendar days from delivery, quoting the wording of the objectionable passage(s), together with a detailed statement specifying the complaint. The service provided shall be deemed to have been accepted if the client does not file a complaint, does not do so within the aforementioned period, or if a complaint is found to be unsubstantiated.
12. Should a complaint be substantiated, a reasonable extension will be granted to TEXTPRAXIS during which the text is to be amended. Only in those cases where such amendments cannot be provided, may a reasonable discount on the agreed fee be claimed.
13. In the absence of a formal complaint as per paragraph 11. or 12., responsibility for the accuracy of the delivered services will rest exclusively with the client upon their acceptance, or following the conclusion of the warranty period at the latest. TEXTPRAXIS rejects all responsibility for amendments made by the client, including all amendments made within the warranty period.
14. In submitting material to TEXTPRAXIS the client explicitly guarantees that it holds the necessary rights to utilize all contents and documents (including images, texts and data collections) that may be subject to copyright, that the rights of third parties shall not be breached, and that all materials provided to TEXTPRAXIS comply with German law, in particular with legislation governing intellectual property rights, privacy and fair competition. The client irrevocably agrees to indemnify and hold TEXTPRAXIS harmless from any claim or demand made by any third party due to or arising out of incorrect information provided by the client or infringements undertaken by the client. Costs for any legal disputes which might ensue in this case will be borne solely by the client.
15. Client data (names, addresses etc.) will be retained by TEXTPRAXIS for internal use only and will not be passed to third parties. However, TEXTPRAXIS will not be held liable for client data accessed or acquired illegally by third parties.
16. All texts will be treated with the utmost confidentiality. Contractors working with TEXTPRAXIS have committed themselves to treat as confidential all client content, materials and information to which they have access in the execution of their obligations. Together with other forms of electronic communication, the transmission of texts and data by electronic means between the client and TEXTPRAXIS is undertaken at the client's risk. TEXTPRAXIS cannot guarantee absolute confidentiality with regard to any data or information transmitted by electronic means as the risk cannot be excluded that unauthorized third parties gain access to texts and data transmitted by these means. On the client's request TEXTPRAXIS can provide encrypted cloud space including secure end-to-end transmission, provided the client is willing to install the appropriate software on their computer.
17. Contributions and/or suggestions made by the client shall not constitute a claim to shared copyright and have no influence on the fee payable to TEXTPRAXIS.
18. All transactions between TEXTPRAXIS and its client(s) will be governed by and subject exclusively to the laws of the Federal Republic of Germany.
19. These terms and conditions shall apply to all transactions between TEXTPRAXIS and its clients unless an agreement to the contrary has been made in writing. The invalidity of individual or multiple provisions of these general terms and conditions shall not affect the validity of any other provision, nor shall the change in writing of any provision affect the validity of other provisions.
20. In placing an order with TEXTPRAXIS the client confirms that it has acknowledged and accepted these general terms and conditions.
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