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Terms and conditions

Terms and Conditions

1. Scope

(1) The present Terms and Conditions govern the business relationships between Comunica (either Cornelia Keßler or Anke Grauel, the Contractors) and the Client for the entire duration of each respective business relationship.

(2) The Client and the Contractors act with the intention to collaborate on a basis of mutual trust.

(3) The Client’s Terms and Conditions are only binding for the Contractors if they expressly agree to them and do not contradict the present Terms and Conditions.

1.1 General information

The Contractors represented on the website www.comunica.info work independently from each other and are not liable for the work of the respective other Contractor.

2. Contract Formation

Any contract between Client and Contractor is deemed as entered into as soon as the corresponding  quote has been accepted and the Contractor provides the client with a written order confirmation. In case the Client does not agree with such order confirmation, they inform the respective Contractor as soon as possible. To the contrary, the order is deemed placed and accepted by both parties.

3. Order Processing

(1) The Contractors commit to processing all orders with due diligence and as soon as possible. The Client should inform the Contractors as promptly as possible about special requirements (e.g. terminological, formatting requirements, etc.) of the order. The Contractors may ask the Client to provide additional information in order to deliver the best possible quality. If the Client is unable to provide such information, or provides it at a time where it is impossible to meet the delivery deadline or where it is only possible to meet the delivery deadline with extra effort (e.g. costs, time), the Contractors will not be liable for a possible deterioration in quality of the work or the failing to meet the agreed deadline.

(2) If the finished work is being printed, the responsible Contractor will be provided with at least on printed copy.

(3) When the Contractors are not provided with specific instructions or reference material for the processing of an order, they will translate the relevant texts to the best of their knowledge and belief and/or they will ask the Client to provide them with such information (see 3.1).

(4) The Contractors are not be liable for defects of the services rendered caused directly or indirectly by incorrect or insufficient information provided by the Client or by incorrect source texts.

4. Cure/Reduction/Liability

In case any work delivered by the Contractors is defective due to their own fault, the Client has the right to require the cure of such defects. If, after two such cures, the work is still defective, the Client will have the right to reduce the amount payable to the Contractor. The Contractors are only liable in case of gross negligence and willful intent. The liability amount will under no circumstances exceed the typical, foreseeable damage and the invoice balance of the relevant order.
The Contractors will not be liable for translation errors or other specific defects which can be attributed to incomplete, incorrect or illegible information provided by the Client including but not limited to defects caused by the electronic transmission of data or by the format conversion of documents. The specification of the intended use of a work (advertising, print, publication, etc.) does not imply the liability of the Contractors in case the translation is deemed not apt for such purpose or it may damage the reputation of the Client.

5. Privacy

(1)Any document and information provided to the Contractors will be treated as strictly confidential and any fact and/or information associated with the business operations of the Client will be maintained secret. Any information provided to the Contractors will be saved to the sole purpose of order processing, accounting, for communication purposes with the Client and as proof of the services provided. The Contractors will not reveal any information of the Client to a third party, unless with the written authorization of the Client.

(2) The Client may request the Contractors to delete any translation, related document  or other rendered service after the settlement of any related outstanding amounts. In this case the services rendered are deemed as fully accepted and free of defects. It shall be noted that operations involving electronic media hold the risk of third parties gaining access to any information or data, in which case the Contractors may not be held liable.

6. Price calculation

(1) The price for a project is based upon its level of difficulty, the involved language combination, its  volume as well as urgency.

(2) The price for a translation is calculated per word of the source text, the word price being determined by the level of difficulty and the urgency of the project.

(3) Orders that have to be processed within 24 hours or on holidays or weekends my require an extra charge of up to 20% of the original price.

(4) Generally, the Client will be charged the translation work necessary for the best possible processing of their order. Special requirements such as layout, scanning, copying, binding, or other services will be charged apart.

(5) The rates for proofreading services of translations as well as translation works involving the adaption of contents (e. g. localization) will be calculated per hour, word or standard line. The Client and the Contractors may also agree a fixed price for a service.

7. Delivery deadlines

(1) An order is deemed delivered as soon as the associated work has been sent to the Client. The agreed delivery deadlines are considered orientativ and the Contractors will do everything in their power to meet them. The Contractors are not liable for additional expenses the Client may incur in the event they fail to meet such deadlines.

(2) It is the responsibility of the Client to check the transmitted data for completeness. It is suggested they confirm the receipt of the related material in writing. The dispatch of the completed works is at the Client's risk. The Contractors will not be liable for defects in, the loss of, and the incomplete or damaged transfer of the deliverable material, including but not limited to the electronic transmission.

(3) In case a delivery deadline cannot be met due to force majeure or a medical condition of the Contractors, the Contractors may withdraw from the agreement and are to be held harmless, or they may agree on a new delivery deadline with the Client. If such new deadline is also not met, the Client has the right to rescind from the agreement.

(4) If the Contractors and the Client do not have a particular agreement regarding the delivery deadline of an order, such order will be processed within a reasonable period of time necessary for its careful completion.

(5) Any translation, written work and all other documents will be submitted via e-mail or standard mail, unless there is no agreement to the contrary.

8. Cancellation

In case the Client cancels an order placed in writing, they will reimburse the Contractors for the costs incurred so far and accept the completed parts of the agreed service and settle the corresponding part of the invoice amount.

9. Reservation of ownership and terms of payment

(1) The Contractors agree with the Client on the applicable terms of payment (period, method, etc.) before accepting an order. Posterior corrections of the delivered work do not imply an extension of the payment period. After the Contractors have issued one dunning either via e-mail, or via fax or standard mail, the exceeding of the payment period will result in the charge of standard bank interests, and the collection and dunning costs.

(2) The Contractors reserve the copyrights of their works, unless agreed otherwise with the Client before entering into an agreement.

(3) Any delivered translation or other service rendered as well as the copyright of such works will be property of the Contractors until the due amount has been fully settled. Until such time the Client has no usufructuary rights whatsoever and the duplication of the delivered materials will result in the charge of license fees.

10. Force majeure and other interferences

The Contractors are not liable for damages associated with interferences in the business operations and force majeure, including but not limited to natural phenomena, errors in the electronic transmission of data, impairment of data by virus or spam filters, network or server defects, as well as any other interference the Contractors are not responsible for. In the mentioned events as well as in other possible exceptional situations, including but not limited to the partial limitation or the suspension of their business operations, the Contractors have the right to partially or totally rescind from a signed agreement.

11. Contractors‘ and Client’s rights

(1) In case of warranty: The Contractors have the right to eliminate defects. The Client has the right to claim the elimination of any contained defect free of costs, if such defects are caused directly or indirectly by the Contractors or their subcontractors. Such claim must be communicated to the Contractors by the Client within the legal claim period and as soon as possible, enumerating precisely the defects of the work.

(2) Duplication rights: The duplication of translation and other works of the Contractors are subject to the agreement and prior written authorization of the Contractors. The Contractors may waive their rights for an agreed fee.

12. Severability

If any part of these Terms and Conditions prove to be illegal or invalid, all other parts will nevertheless be valid and binding.

Cornelia Kessler- C/Fiel de la Tierra, 2, 3D, 42003 Soria, Spain
Anke Grauel - Arndtstr. 25, 04275 Leipzig, Germany

Cornelia Kessler - comunica@comunica.info - +34 659353196 // Anke Grauel - anke@comunica.info - +49 162 267 3025