The following general terms and conditions shall apply for the contractual relationship between ESmedo Communications (hereinafter referred to as ESmedo), and its customers:
ESmedo operates a translation and interpretation service that is available to customers world-wide via the Internet/World Wide Web. The translations are done by qualified ESmedo employees, or by freelance translators that gain access to customer texts after a qualification test by ESmedo.
Data Protection
All translation assignments will be treated strictly confidential. Upon request, special non-disclosure agreements can be concluded. 100% confidentiality cannot be guaranteed during communication in electronic form between the customer, ESmedo and the translator.
If translations are sent by mail, or by another authorized mail-order firm, the risk of accidental loss, the risk of accidental setback, or the risk of late delivery with the transfer of the translation to the mail, and/or the appointed mail-order firm, shall pass to the customer. No liability beyond the damages paid by the post office and/or mail-order firm shall be assumed by ESmedo.
ESmedo reserves the right to keep a copy of any translation for a set period of time, provided the customer does not expressly object at the conclusion of the contract.
Offers
Our offers are subject to alteration and without obligation. Each of the current price lists, and the prices named in the individual offer, are valid.
Formation of the Contract
A contract with ESmedo is formed by the transfer of the customer's order via electronic mail or by sending the signed order via fax, as well as by the sending the confirmation of the order by ESmedo.
Data
Text is translated exclusively. Text with punishable content, and text that offends common decency, can be refused by ESmedo-- even after the conclusion of the contract.
Generally, with ESmedo, the customer submits text in electronic form. Generally, the customer receives the translation in electronic form, as well. The customer informs ESmedo of the desired file format at the time the order is placed.
The source material must be legible, and be transmitted at the time, and in the format, given by ESmedo. ESmedo is not responsible for delays in delivery resulting from the late delivery of source material, or delivery in a differing format.
All changes and additions to the source material must be transmitted to ESmedo, after clear indication of the changes compared to the original version.
Prices and Deliveries
Prices and delivery dates for the implementation of changes and additions to the source materials in translations, whose conveyance has already begun into the target language (author's corrections), will be determined according to the scope of the changes, and the scope of the percentage of the translation already made. ESmedo shall notify the customer with an estimate of the addtional costs, before the changes and additions are implemented.
Proofreading, subsequent text creation, acceptance of graphics and pictures as well as text assembly, production of printer's copies or Html documents, and the like, will be calculated according to the time expense, provided no firm price was agreed upon in advance.
The scope of a translation will be calculated according to the number of words or DIN Standard Lines, unless otherwise agreed upon. Generally, the source text will be made on the basis of the word calculations, and, in exceptional circumstances, even the target text.
Payments
ESmedo shall calculate the customer's fee for the translation immediately after its completion. The customer shall receive the invoice through the mail. The invoice amount shall be due immediately and without deduction, net cash, if not otherwise agreed upon. The customer's payment shall be done by transfer to ESmedo's company account, according to the agreement, by PayPal o by Moneybookers to the e-mail address provided by ESmedo. After negotiation, a special arrangement can be made.
If the ordering customer cancels an order, without being legally or contractually authorized to do so, completed work shall be provided to the customer and the customer shall be charged. Enforcement of further legal claims shall remain reserved, where appropriate.
In the case of the customer's default of payment, ESmedo reserves the right to collect interest in a legally regulated amount, as damage caused by default.
Terminology
Translations shall be carried out with regard to spelling, grammar and linguistic usage according to the generally recognized rules of the target language.
ESmedo translates technical and legal terms and special vocabulary with the conventional and customary meaning. If the customer has a certain terminology or form request for the translation, deviating from the generally recognized rules, then he shall communicate this, and provide the corresponding instructions (sample texts, parallel texts, glossaries and such).
The usage of the customer's specific terminology must be expressly agreed upon at the time the order is placed. Upon the translator's request, the customer shall grant technical consultation.
Copyright
ESmedo shall guarantee that the customer can use the translation without temporal and spatial restrictions, and without quantitative restrictions corresponding to the purpose communicated. The customer is also entitled to the processing of the translation, as well as to the transfer of rights to the translation to a third party by means of a licence, or by some other means.
ESmedo releases the customer from all claims of the translator. However, copyrighted rights of use for the translation shall not pass to the customer until after the complete payment is paid.
The customer guarantees and confirms that the translation of the source material as well as the publication, the marketing and distribution, the sale and every other use for the translation being delivered, shall not represent a violation of patent rights, copyrights, trade mark rights, patent rights, or any other rights of a third-party, and that he is totally authorized to have the text translated. The customer shall release ESmedo from all claims concerning this matter.
Services
ESmedo shall be obligated to carry out the translation in such a way that it contains no deficiencies. Insignificant deficiencies shall remain unconsidered. Further, ESmedo shall be obligated to ensure that the translation will be done without abridgements or additions. ESmedo shall reserve the right to add comments, footnotes, etc., for the understanding of the text in the target language.
The finished translation will be reviewed for completeness and data format, as well as other recognizable deficiencies at first glance, and sent to the customer.
The date sent from ESmedo, and/or the time stamp of the e-mail, or of the FTP-server, shall be considered as the time of receipt of the translation. If the customer raises no objection within 14 days -- the deadline shall begin with the passing of the day on which the translation was verifiably sent to the customer (e.g., mail log) -- then, the translation shall be considered approved. In this case, the customer shall abjure from all claims that he could be entitled to due to possible deficiencies of the translation.
If the customer criticizes a deficiency existing objectively, not just an inconsiderable deficiency, within the 14 day deadline, then this deficiency must be described as precisely as possible in writing. The customer has to communicate simultaneously within which time period the deficiency should be eliminated.
ESmedo will thereupon initiate the removal of the deficiencies within the time period mentioned, provided this time period is reasonable, in all other respects, within a reasonable time period. If the first removal of the deficiencies fails, ESmedo is entitled to touch up the translation, in turn, on the basis of the deficiencies described in writing as precisely as possible by the customer, again. If the second removal of the deficiencies fails, the customer is entitled to a reduction of the fee agreed upon of his own choice, or to a cancellation of the contract. Upon the alternative last-mentioned, all rights to the translation shall revert back to ESmedo.
The customer is only entitled to rights above and beyond due to translation deficiencies, if ESmedo, one of its legal representatives, or one of its agents has acted intentionally or with gross negligence.
Liability
All liability claims, warranty claims and claims for damages shall be limited to the value of the order.
If it turns out after the acceptance of the order by ESmedo, that the order cannot be carried out within the time period agreed upon, due to good reason (e.g., sickness of the translator, or technical defects in the network), ESmedo shall notify the customer immediately.
If the supply of the translation service is not possible due to a higher power, or other unforeseeable events (e.g., traffic hold-up, strike, blackout of the power supply, or the like), then the expiration of any deadline shall be suspended during this time. The deadline shall not begin to run until the corresponding disruption is removed.
ESmedo shall not be liable, if the it was pointed out to the ordering customer, at the time the order is placed, that the deadline desired by the customer does not allow processing to live up to the usual requirements of quality.
Legal rights exist exclusively to ESmedo for the customer, not to the respective translator or interpreter. Direct customer-translator contact is only possible with the consent of ESmedo.
Final Provisions
If any of the provisions be, or become, ineffectual, fully or in part, the remaining provisions shall remain in affect.
Disclaimer
1. Content The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
3. Copyright The author intended not to use any copyrighted material for the publication or, if not possible, to indicatethe copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. Privacy policy If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
