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General Terms

 
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Please be aware of our General Terms and Conditions
§ 1 Validity
These general terms and conditions apply to all business and contracts related to our services.
between
Pro-Tran, as well as Pro-Tran's authorized representatives
and
its customers.
Pro-Tran and Pro-Tran's authorized representatives shall hereafter be referred to as "Pro-Tran"
The customer agrees to these general terms and conditions when he awards the contract.
Changes to these terms and conditions and those of the customer shall only be binding for Pro-Tran if pro-Tran explicitly agrees to same in writing.
Verbal agreements will not be recognized. Any changes to the conditions must be in written form.

§ 2 Scope of work

All services (website creation, website management and translation) will be carried out with the greatest care in accordance with basic professional principles and as quickly as possible.

The services will be executed in accordance with the contractual agreement with the customer.

Information and supporting documents required for the execution of services shall be provided in a timely manner and without prompting. Pro-Tran shall not be held responsible for errors that occur as a result of failure to comply with these requirements.
If the customer has special requirements (e.g. specific terminology), they are to be explicitly stated and agreed to the time of contract award.
If no specific instructions were received from the customer, generally accepted terminology will be used for the translation. Services do not include any revisions to the translated text related to style.
Pro-Tran reserve the right to request clarification from the customer if necessary. Alternatively, Pro-Tran also have the right to carry out the service themselves or through their associates to the best of their knowledge, based on their own judgement on the content and the meaning of the text.
Pro-Tran may use third parties to carry out work. In such cases Pro-Tran are only responsible for the careful selection of these parties.

§ 3 Orders / Requirements

The contract detailing the instructions of the service shall be provided by the client in electronic form or in another form, and immediate acknowledgement of the contract's acceptance shall be provided by Pro-Tran.
To ensure that working together poses minimal problems, telephone orders and other informal orders shall also be accepted. Any problems resulting from this are the responsibility of the client.
The client shall inform Pro-Tran of the size of the order as well as the target languages of the text and any specific terminology requirements. In addition to this, they should inform Pro-Tran of the purpose of the translation. This is particularly important when the translated text is to be used on websites.
Pro-Tran shall not be responsible for any delays or poor quality resulting from an unclear, inaccurate or incomplete order.
§ 4 Prices and Price Agreements
All prices, offers, estimates and other documents stating prices are exclusive of VAT.
Prices can be agreed per word, per line (where a standard line consists of 55 characters including whitespace) or as a flat rate. Proofreading can be included in the price per word or per line, or calculated by time taken.
Estimates may be provided on request. After examining the size of the order, the text and possible specific requirements of the client, Pro-Tran shall draw up an estimate. If the exact size of the order or complete data and texts are not supplied, then only an estimated total can be provided.
The cost is calculated based on the actual work done.
For large orders, Pro-Tran may demand a deposit or divide the project into instalments and invoice for each instalment separately.
Urgent orders which require overtime, working nights, bank holidays or Sundays shall be undertaken by agreement. An appropriate surcharge shall be imposed as necessary. Prices for additional service (e.g. editing graphics) are agreed separately.

§ 5 Confidentiality

All texts and data shall be treated confidentially and not passed on to third parties. Pro-Tran shall be responsible for not disclosing any facts connected to their work for the client.

Cooperation with freelance workers and associates who themselves are subject to confidentiality agreements will not adversely affect this obligation.

Pro-Tran can not guarantee absolute protection of secret business or information or any other confidential data or information, as text, data and other information might be transmitted in electronic form between Pro-Tran and any possible associates, and it cannot be ruled out that unauthorised third parties may be able to gain access to electronically transmitted texts and data.
All programs, systems and aids used by Pro-Tran and their associates for creating translations and editing and creation of websites, as well as all proprietary developments by Pro-Tran and their associates used in technical translation preparation, processing and postprocessing remain the property of Pro-Tran. Their use is authorised in the client's respective project, however it is not to be passed on to third parties.

§ 6 Delivery Deadlines

Delivery deadlines and terms, whether binding or not, must be in writing. If the cooperation of the client is required or arranged for the job, then the delivery time shall be extended accordingly if the client delays in fulfilling their obligations.
Any delays as a result of the client changing their requirements will extend the delivery and service deadline as appropriate.
Pro-Tran shall not be held responsible if they cannot produce contracted work either at all or within the time agreed as a result of industrial action, acts of God or other unavoidable circumstances.
Should Pro-Tran fall behind schedule, the client must set an appropriate extension. After this extension, they may withdraw from the deal, if they have not been informed that the work has been sent by this time.

§ 7 Cancellation of Order / Termination of Contract

The client may only terminate the contract before the completion of service in exceptional circumstances.

If the client cancels a contract without legal or contractual entitlement, they will be charged for any work already completed.
The client shall be charged 20% of the order's value for the cancelled part of the work. Pro-Tran reserve the right to make claims towards further damage if necessary.

§ 8 Deficiencies / Claims

The client shall check that the quality of the service is in order and approve the work immediately, within 5 days of Pro-Tran despatching the product.

The client must notify Pro-Tran of any deficiencies within these 5 days in writing and clearly assert and highlight these deficiencies, otherwise the service shall be deemed free of deficiencies.

All claims of deficiencies will be limited to receiving subsequent improvements.
Claims of deficiencies will not withstand if the deficiency is only insignificant, and therefore not significant to the agreed service. Client claims on compensation for damages are not accepted, unless Pro-Tran is legally liable against guarantees, intentions or gross negligence.

§ 9 Liability

Pro-Tran's liability (independent of the reason why they are liable) is limited to foreseeable, contractually typical faults. The extent of this is limited by the value of the order.
Pro-Tran shall not be responsible for deficiencies caused by inaccurate, incomplete or the delayed supply of information or data from the client, nor for incorrect or illegible texts or data received from the client.
Pro-Tran shall not be responsible for damage or loss in the post.
The client is obliged to protect themselves as appropriate from loss of data. Liability for loss of data is restricted to appropriate restoration costs. This is calculated on the damage that would have happened despite the undertaking of reasonable security measures (e.g. making back-up copies).
Pro-Tran shall not be responsible for damage caused by viruses.
§ 10 Data protection and Confidentiality
Pro-Tran stores client data that is necessary for commencing and completing a contract. Improper use of data can occur through internet network connections. Sensitive data in particular must be protected from unauthorised access by the client's own security measures.

§ 11 Despatch / Delivery

The client may determine on ordering which medium should be used to despatch websites, data and translations.

The client shall inform Pro-Tran of receipt of the service.

Any costs for premium mail or courier services will be charged accordingly. The risks involved in despatch are transferred on posting or handing over to the courier or any messenger for the client.

If Pro-Tran have received no specific written instructions from the client, Pro-Tran shall send websites, data and translation electronically (by email / FTP server).
A delivery shall be deemed successful if there is proof (a despatch record) that the website(s), data and/or translation(s) have been sent to the client.
The client is obliged to make a final check of the transmitted data and text when despatch is by email, FTP server or any other long distance transmission.

§ 12 Reserved Property and Copyright

Should Pro-Tran receive a claim for compensation regarding a breach of existing copyright on an order or if compensation claims from third parties are upheld, the client shall be responsible, Pro-Tran shall be completely exempt from responsibility.

All services produced by Pro-Tran (websites, translations) remain the property of Pro-Tran, as well as all instalments of translations/websites from large orders until full payment for the whole order has been received. The client only has the right to use these services once full payment has been received.

If the person producing the work establishes copyrights and other protection laws in producing the service, these remain the exclusive property of Pro-Tran, unless they are transferred in the contract to the client.

§ 13 Payment Conditions
The invoice is due on completion or delivery of the service at the latest, and shall be paid 10 days after receipt of the invoice at the latest.
If Pro-Tran have received no specific written instructions from the client, Pro-Tran shall send the invoice by email.
Pro-Tran may demand payment in instalments for large orders, which shall be due at arranged intervals after evidence that the service is being produced.

§ 14 Other Regulations

Should one of the aforementioned terms and conditions be or become invalid or ineffective, the validity of the other conditions in the General Terms and Conditions shall not be affected.
Any questionable conditions shall be replaced with other conditions in this case, that for economic purposes will be as close to the queried conditions as possible.
The contract and further terms and conditions between the client and Pro-Tran are ultimately subject to German law without recourse to international purchasing laws.
Place of payment and court of jurisdiction for both parties, as long as it is legally permissible, shall be the place of business of the respective authorised representatives of Pro-Tran

Revision: 01. January 2003

 
 
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