TERMS AND CONDITIONS (T+C)

1. Scope of the General Terms and Conditions

These general terms and conditions apply to all deliveries, services and offers from Linguation e.K., represented by Mustafa Ünal, Marianne-Brandt-Str. 25 80807 München, Munich District Court, HRA 110348 (hereinafter referred to as "Linguation") via their website www.linguation.com. The deliveries, services and offers of the seller are made exclusively on the basis of these terms and conditions, even if the offer is accessed from outside the Federal Republic of Germany. The seller does not recognize deviating, conflicting or supplementary terms and conditions and hereby expressly objects to them, unless their validity is expressly approved in writing.

2. Conclusion of contract

The client can inquire about the implementation of a translation job by Linguation via the Linguation website. Linguation will then calculate and provide a time-limited quote to the client via the Internet. The contract is concluded when the client confirms the offer online on the Linguation platform. Irrespective of this, Linguation is entitled to retrospectively withdraw from the contract if one of the reasons given in the regulation in accordance with Article 3 Paragraph 3 exists for the rejection of a text. In the event of rejection, the parties have no service obligations and / or other (replacement) claims.

The contract conclusion procedure is managed via the Linguation platform. Unless otherwise stipulated, Linguation's price calculations are always subject to change and non-binding. Linguation can make the conclusion of the contract dependent on written proof of the proper authorization, an advance payment or the presentation of a guarantee declaration from a German bank. Delivery dates are only binding if they have been previously confirmed in writing by Linguation. A written copy of the contract will be saved by Linguation after the contract is concluded and sent to the client by email upon request.

3. Scope of services

Linguation undertakes to render the text transmitted by the client properly and professionally in the desired language and to ensure that the translation is carried out without any cuts, additions or other changes in content. Depending on the meaning of the original text, translations are carried out literally or figuratively and true to its intention, according to the generally accepted quality standards of the translation industry of the respective language area.

Customized technical terminology requested by the client will only be taken into account after agreement and on provision of sufficient and complete documents such as pre-translations or word lists on placement of the order. Technical terms are otherwise translated as usual according to the quality standards in Paragraph 1.

Only texts are translated. If the text to be translated contains images (e.g. graphics, comics, etc.), Linguation can reject the translation of these parts or of the text as a whole. The same applies if texts contain criminal or illegal content, violate common decency, the complexity exceeds the skills of the translators (average standard) available to Linguation or if other particular circumstances make it unreasonable to Linguation to process the text; for example, where the difficulty and / or the scope of the submitted text make a reasonable quality translation impossible within the time specified by the client. In the event of rejection, there can be no claim for remuneration. .

The offers on our website are not legally binding, but represent a non-binding product offer. When you place your order, you submit an offer to us to conclude a corresponding contract with you. Our offer is subject to self -delivery. If the ordered service is not available for reasons that were not foreseeable when the contract was concluded and we are not supplied by a subcontractor through no fault of our own, we have the right to withdraw from the contract. In this case we will inform you immediately that delivery is not possible and we will immediately reimburse you for any monies already paid.

Regarding attestations, the customer is responsible for making himself aware of the respective requirements (e.g. whether a translator from a particular federal state is required, in some cases when presenting to court) and for informing Linguation. If requests for changes are first made after delivery, Linguation reserves the right to reject them or to request a processing fee.

If translations are sent by post, the delivery date at the latest corresponds to the date and time at which the translation is sent to the post office. Linguation is not responsible for delays or losses from the time the translation is posted.

4. Rights

Insofar as the translator is entitled to copyrights for the respective translation, Linguation guarantees that the customer will be granted the right to use and exploit it without restriction in terms of place, content and time. The right to change and transfer to third parties is included. These rights are transferred to the customer upon payment of our invoice for the respective order.

The offers for certification are calculated for standard German formats. If your uploaded document does not correspond to this format or document type, Linguation reserves the right to adjust the offer including the delivery date. In this case we will inform you immediately and you have the right to cancel the order and get a refund of the purchase price.

5. Liability and warranty

Unless expressly agreed in writing, Linguation does not guarantee that the respective translation is permissible or suitable for the client's intended use. This applies in particular in the event that the translation is published or used for advertising purposes. The client bears in particular any legal risks with regard to the usability or publication of the translation.

6. Termination of the order

The customer can cancel the order at any time until the translation is completed.

If an order is canceled by the client after the order has already been assigned to a translator, a cancellation fee of € 25 will be charged. If the translation has already started at the time of the cancellation, the costs incurred up to that point must also be reimbursed in proportion to the degree of completion. The claim for reimbursement is in any case at least 50% of the order value.

Documents provided by the client for the translation will be returned immediately after completion or termination without being requested. The data received from the client as part of the order or the translation itself as a file remain with Linguation for archiving purposes, unless the client explicitly requests the deletion of his personal data or the text supplied by him for translation.

7. Confidentiality

Insofar as the translator is entitled to copyrights for the respective translation, Linguation guarantees that the customer will be granted the right to use and exploit it without restriction in terms of place, content and time. The right to change and transfer to third parties is included. These rights are transferred to the customer upon payment of our invoice for the respective order.

We are committed to keeping the confidentiality of customer trade secrets learned through translation. Trade secrets are only information that is explicitly indicated as such in the customary way (e.g. secret or confidential).

Not classified as trade secrets are those which (i) were generally known at the time of the transmission or subsequently became publicly known through no fault of our own, (ii) were legally known to us at the time of the disclosure without any obligation to maintain secrecy, (iii) according to us are not subject to confidentiality and lawfully made known by third parties at the time of transmission without the obligation to maintain secrecy, without the third party in turn being obliged to maintain confidentiality vis-à-vis the customer, or (iv) must be disclosed due to mandatory legal, official or judicial regulations or orders.

We are obliged to keep the client business secrets confidential and not to allow any third party to know about them. In this context, third parties do not include companies that we commission to provide the translation services and the translators commissioned by them, provided that they themselves are obliged to maintain confidentiality.

8. Acceptance, notification of defects and rectification

After translation, the translated document is made available to the client for download by data record. At the same time, the client will be notified by email of the completion of the order, stating the storage address for downloading to their own hard drive / cache memory.

Obvious defects in the translation must be reported immediately after download in writing , or in the case of other forms of dispatch, upon receipt , stating the defects (obligation to give notice of defects).

Hidden defects are to be reported immediately after their discovery. In non-commercial business dealings, the client must give notice of defects in writing within 7 days of receipt of the confirmation that the translated text is ready to be be downloaded. If Linguation does not receive a notice of defects within the 7-day period, the translation is deemed to have been accepted (§640 BGB). Linguation is obliged to explicitly inform the client when confirming that download of the translated text is available, that if no complaint is raised within 7 days the translation is deemed to have been accepted by the client. Warranty claims of the non-commercial customer remain unaffected by the above regulations.

Other forms of delivery e.g. by post, e-mail or fax are only possible with a separate, explicit agreement.

The commercial customer is responsible for the transfer process of downloading to their own hard drive / cache and as such exempts Linguation from any liability. Insofar as where other forms of dispatch (post, e-mail, fax) have been expressly agreed, the risk passes when the translation is handed over to the carrier or when the corresponding fax or e-mail is sent to the client.

If the translation deviates from the contractual requirements, the client must set Linguation a reasonable period of at least 14 days for rectification. Rectification is excluded if the deviations are the fault of the client himself e.g. due to incorrect or incomplete information or incorrect original texts.

After the expiry of the set period, the client can request the cancellation of the contract or a decrease in the remuneration (reduction) if the defect has not been remedied in time. Claims are excluded if the deviation only insignificantly reduces the value or the suitability of the translation.

9. Final provisions

Should a provision of these terms and conditions be or become void, ineffective or unenforceable, or should it not contain a necessary regulation, the effectiveness and enforceability of all other provisions of this contract will not be affected.

Orders addressed to Linguation that are not included in the scope of services in accordance with Section 3 are not subject to these terms and conditions. These include in particular: additional services such as DTP, printing, HTML files etc. The conditions for such services are agreed separately.

The contract is subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. International private law does not apply insofar as it is mandatory.

The registered office of Linguation is the place of jurisdiction for all disputes arising from this contractual relationship. However, Linguation is also entitled to file a suit against the customer's registered office.

As of February 1st, 2019

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