GENERAL TERMS AND CONDITIONS
The use of gender specific expressions in the text shall be understood as applying to both male and female genders.
1. General information
The current General Terms and Conditions (GTC) refer to all services provided by KöNiG Sprachenservice. If an order is placed as described in Point 3, the customer fully accepts the current GTC.
2. Quotation, prices, basis of calculation
Upon request, we produce a non-binding quotation for every project according to our best specialist knowledge. The amount of the invoice will not exceed the amount of the quotation. The rates for translations are calculated based on the word count of the source text, (text to be translated). The rates for our other services, (e.g. text revision, terminology work, language training), may be calculated according to the number of hours worked. All prices are net in Euros, excluding value-added tax. (Please note: for services provided to customers not based in Austria, the reverse charge tax regulation applies.) For large projects, we may demand payment in instalments and/or a deposit.
3. Order placement
Orders should be placed in written form via e-mail. Depending on the desired service, the following information needs to be specified:1) Translation: target language, intended purpose (where applicable), desired file format, preferred delivery method, etc. 2) Language training: desired language, group size, desired place and frequency of training sessions, approx. current language level of the participants, learning objective(s). 3) Terminology work: industry, current situation regarding terminology management, desired languages. 4) Text revision: specification of desired service, (proofreading or editing), purpose (where applicable), preferred format of changes, (e.g. track changes or commentary, PDF or Microsoft Word), etc. If the customer wants specific terminology to be used, we must be informed at the time the order is placed, when any necessary documents, (glossary, diagrams, etc.), must also be delivered. The technical and linguistic accuracy of the source text and reference documents provided are of the sole responsibility of the customer.
4. Execution of work by third parties
We reserve the right to commission third parties for all projects, if we deem such an action to be effective and beneficial. We are liable for careful selection of these third parties only, and always remain the sole contractor.
5. Delivery and invoicing
An estimated delivery time can only be established after we have assessed a text in detail. If the customer does not provide us with information or documents on time, we reserve the right to demand a reasonable extension of the initial deadline. We only deliver one copy of any service provided by us. The delivery is considered complete when the finished work is dispatched to the customer. The delivery is made against commercial invoice which is payable within the agreed period. Payments must be made by bank transfer. All bank transfer fees are at the expense of the customer.
6. Delay in delivery, impossibility to carry out the work, withdrawal
Withdrawal of the contract by the customer is only permitted in the case of a delay in delivery or an inability to complete the work if we have exceeded the delivery date by an unreasonable period of time, and if the customer had granted us a written reasonable extension of the deadline.
7. Dispatch
The delivery method is determined by the customer. We are not responsible for errors, damage to or loss of data during sending. If the delivery is made by e-mail, we are not liable for any damages which may be caused by virus.
8. Delay of payment
In the event of late payment, we are entitled to charge interest on arrears of 5%, plus reminder fees of 5.00 Euros.
9. Reservation of ownership
Our services remain our property until payment is received in full.
10. Copyright
Should we receive a legal claim with regards to a copyright infringement, the customer is obliged to release us entirely from any responsibility.
11. Assignment
The assignment of rights from a contract by the customer requires our written permission.
12. Liability
All our services are carried out comprehensively, faithfully and grammatically correctly to the best of our knowledge and judgement. The customer must check the delivered texts immediately. Any complaint must be presented in written form within eight days of completion of the project, (the date it is dispatched to the customer). If no complaints are presented within this period, the services are considered accepted and the customer renounces any further claims. Should a text delivered by us contain a more than negligible fault and this defect is presented to us within the complaint period, the customer has the right to amendment. Should this amendment remain demonstrably unsuccessful, the customer has the right to a price reduction or cancellation. Other liabilities, including claims for compensation for nonfulfillment, are excluded. Any liability for errors is excluded if they were due to incorrect, incomplete or illegible source texts. In all cases, liability is always limited to the (net) amount of the project concerned. If the customer aims to publish the text or use it for advertising purposes without having informed us when placing the order, we are not liable for any damages which may arise if the text is not suitable for purpose or if it leads to reputational damage. If the texts delivered by us are printed without providing us with a prior proof and without our approval, any shortcomings are at the expense of the customer.
13. Obligation to confidentiality
As a service provider, we are committed to confidentiality and take care that the third parties we engage commit themselves to confidentiality too. We are not liable for the non-compliance of these engaged third parties, except in the case of gross negligence in the selection of our suppliers. In view of the electronic communication of texts and data or any other electronic communication between the customer, us and possibly our suppliers, we cannot guarantee the absolute safety of confidential data and information, as the access of unauthorised third parties to the transmitted data is not impossible.
14. Place of jurisdiction
Contractual relationship and all legal relations shall be governed exclusively by the laws of the Federal Republic of Austria. All disputes arising from the contractual relationship shall be referred to the Austrian court responsible for local and subject-matter jurisdiction at the place of our company’s registered office.
15. Effectiveness
Should one or more clause of these General Terms and Conditions be invalid or become invalid, the legal effect of the remaining clauses shall not be affected. In place of the invalid clause, a valid clause which comes closest to the legal and economic purpose of the invalid clause is presumed to have been agreed upon.