GTC

General terms and conditions

Section 1 Scope of application – General

  1. The following terms and conditions exclusively apply to contracts between Easytrans24.com and their contractual partners. They apply for the entire duration of the business relationship and also to future transactions.
  2. Other terms and conditions, including those of a contractual partner, are not recognised by Easytrans24.com unless Easytrans24.com explicitly consents to the deviating conditions by means of prior written confirmation by post or fax (not by email!).
  3. Changes to and new versions of the present terms and conditions only become part of the contract if the contractual partner is notified thereof in writing – or other text-based notification – and provided that the contractual partner does not explicitly object thereto in writing within four weeks of receiving the new T&Cs.
  4. Easytrans24.com reserves the right to fully or partially refuse to perform translations of documents or content.

Section 2 Delivery times

  1. The delivery times indicated are guidelines provided in good faith and to the best of our knowledge and are generally observed as offered. However, they shall not be considered as binding.
  2. The delivery times indicated in the CE (cost estimate) only apply until the end of the respective work day (18:00 CET) on which the CE was issued. Should the order to commission the translation from the contractual partner commission arrive at a later time, a new delivery time will be offered in consideration of our current workload capacity.
  3. The contractual partner is required to send Easytrans24.com a confirmation of receipt of the translation, or to enquire as to job progress in the event of the agreed delivery time not being met; this is due to the fact that the possibility of an email or fax being deleted by a spam filter or otherwise becoming lost cannot be fully excluded.
  4. Delivery delays can arise on the basis of unforeseeable events, such as a translator becoming ill, experiencing sudden family problems, technical computer-related issues, Internet connection issues or other similar unforeseeable events which are outside the sphere of influence of Easytrans24.com.

Section 3 Revocation instruction exclusively for consumers

  1. Right of revocation: Consumers can revoke their contract declaration in written form (e.g. letter, fax, email) without providing reasons within two weeks. The deadline commences upon receipt of this declaration in text form, however not prior to contract conclusion, and not prior to the fulfillment of Easytrans24.com’s information obligations in accordance with Section 312c Para. 2 BGB (German Civil Code) in conjunction with Section 1 Para. 1, 2 and 4 BGB-InfoV. The timely sending of the revocation notice shall be sufficient to meet the requirements of the revocation period. The notice of revocation is to be sent to: Easytrans24.com Managing director/owner: Mr Y. Aslan Plan 6 D – 20095 Hamburg, Germany Fax: +49 (0) 40 360 90 133 Email: info@easytrans24.com
  2. Consequences of revocation: In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) must also be returned. Should the consumer not be able to fully or partial return the received service to Easytrans24.com, or only in a deteriorated condition, they must provide compensation (where applicable) to Easytrans24.com to the corresponding extent. This can lead to the consumer simultaneously needing to meet their contractual payment obligations for the term until revocation. Obligations to reimburse payments must be met within 30 days. For the consumer, the deadline commences upon sending their revocation notice; for Easytrans24.com, the deadline commences upon its receipt.
  3. Special notices: Easytrans24.com reserves the right to only commence performance of the order after the two-week revocation period has elapsed. Should Easytrans24.com commence performance of the contractually due work prior to the elapsing of the two-week revocation period at the behest of the consumer, the consumer’s right of revocation expires; this shall also simultaneously lead to the expiration of the right of Easytrans24 to delay performance as indicated in Section 1. The consumer’s right of revocation also expires prematurely if the contract has been fully satisfied by both parties at the explicit request of the consumer before the consumer has exercised their right of revocation. End of the revocation notice

Section 4 Prices, payment conditions and retention of title

  1. The prices indicated are in Euros unless another currency has been explicitly agreed. The prices and costs according to the CE shall apply.
  2. Invoices are due within 10 days of the invoice date without deduction. In the event of an agreement to pay by direct debit, Easytrans24.com shall deduct the invoice amount via a debit authorisation. All costs for money transfers overseas are to be fully borne by the contractual partner.
  3. In the event of a payment being reversed by the contractual partner, they are to bear all costs which arise in conjunction with and as a result of the reversed payment.
  4. Delivered translations and the associated rights (exploitation and usage rights) are subject to the retention of title and transfer of Easytrans24.com (e.g. the use, further editing, publishing or other use of translations supplied by Easytrans24.com) until full remuneration is paid. In the event of a violation, all proceeds are to be rendered to Easytrans24.com. Easytrans24.com reserves the right to assert further claims for damages.

Section 5 Secrecy

  1. Easytrans24.com is obliged to maintain secrecy with respect to the content of the documents to be translated, information material provided for the purposes of the order, as well as all other affairs of the contractual partner of which Easytrans24.com becomes aware and to handle confidentially all aforementioned information.
  2. Paragraph 1 does not apply to recognisable infringements of national or international criminal law (e.g. instruction manuals for building bombs, hate speech, discrimination etc.).

Section 6 Text formatting, retention of layout and other visual design elements

  1. A standard order solely concerns the translation of the text which has been provided. For such orders, Easytrans24.com does not guarantee that formatting, layouts or other visual elements will be retained.
  2. In the case of standard documents which can be edited (Word, Excel and Powerpoint), the translation will be performed in the original document. In such cases, Easytrans24.com will endeavour to adopt the formatting, layouts and other visual elements accordingly. Easytrans24.com, however, gives no guarantee that formatting, layouts and other visual elements (particularly tables and alike) will not be moved or otherwise changed due to space restrictions. The reason for this is that text lengths vary between languages.
  3. Layouts can be created/retained in the form of DTP (desktop publishing) if this additional service is requested. In such an event, Easytrans24.com guarantees that stylistic elements will be implemented in line with requirements.

Section 7 Warranty for defects

  1. The contractual partner must check that the translation is free of defects and that it can be used in the specific, envisaged situation after accepting delivery of the translation and before implementing or using the translation.
  2. Obvious defects are to reported in writing within a notification period of two weeks in relation to the sending of the notification. In the case of concealed defects, the statutory period of limitation pursuant to Section 634a BGB shall apply. (3) However, should the contractual partner be an entrepreneur, they must check the translation immediately after accepting delivery and provide notification of any obvious defects; if this is not observed, the assertion of warranty claims is excluded.
  3. However, should the contractual partner be an entrepreneur, they must check the translation immediately after accepting delivery and provide notification of any obvious defects; if this is not observed, the assertion of warranty claims is excluded.
  4. The notification period commences upon acceptance of delivery.
  5. Easytrans24.com shall only be liable in the event of a proven inaccurate translation. Proof of an inaccurate translation can only be provided by a recognised and sworn translator in Germany who works with the source and target languages in question. In all other cases, the judgement of Easytrans24.com shall be decisive since Easytrans24.com exclusively employs translators and linguists in possession of an applicable diploma.
  6. Easytrans24.com shall be held liable if it can clearly be evidenced that the translation was created by means of machine translation.
  7. In the event of defects, Easytrans24.com shall first be entitled to subsequent performance in accordance with Sections 634 no. 1 and 635 BGB. Only once subsequent performance has failed in the event of a proven defective translation can the contractual partner assert further statutory warranty claims. Further claims for damages are excluded (e.g. lost profits, damage caused by delay, potential savings which do not take effect, damage from third party claims, as well as other indirect and consequential damages, e.g. due to events planned by the contractual partner, printing costs, publication costs or similar).
  8. Easytrans24.com guarantees that every complaint will be verified in the interests of customer satisfaction. This shall be the case even if the complaint is based on checks carried out by a non-qualified translator, such as a native speaker lacking in further relevant qualifications.

Section 8 Liability

  1. Easytrans24.com shall be liable for damages to life, body and health caused by intentional acts and negligence.
  2. In the case of other compensation claims of the contractual partner, Easytrans24.com shall only be held liable for gross negligence or intentional acts and never for more than the cost value of the order per case of damage.
  3. All other rights and claims are excluded irrespective of their legal basis. This particularly applies to compensation for indirect damage (e.g. loss of profit, subsequent damage, damage caused not by the translation itself but due to damages arising from its use, unusability or other factors).
  4. Easytrans24.com shall not be liable for damages indicated in Section 2 Paragraph 4 and also not for damages caused by interruptions to business operations, particularly force majeure (e.g. natural events and traffic disruptions); furthermore, Easytrans24.com shall not be liable for transmission errors when transmitting data electronically, impairment of data by the contractual partner’s spam filter, network and server errors, any other disturbances in transmission, as well as any other impediments for which Easytrans24.com is not responsible. In such exceptional cases, Easytrans24.com shall be entitled to fully or partially withdraw from the contract. The same applies should Easytrans24.com need to fully or partially suspend or restrict operations for a specific time period for good cause.
  5. Since Easytrans24.com uses the latest versions of security programmes, Easytrans24.com shall also not be held liable for damages caused by viruses, trojans, worms, spyware and adware, and any other malicious programmes, which arise despite the use of appropriate security programmes.
  6. Easytrans24.com is not liable for defects in translations based on the intentional or criminally-minded acts of translators employed by or working for Easytrans24.com who deceived Easytrans24.com as to their actual motivations or interests. In such an event, Easytrans24.com shall step forward as a damaged party and will, together with the contractual partner, seek prosecution of the translator.
  7. Easytrans24.com is not obliged to determine whether the texts to be translated are subject to copyright. Should the contractual partner not be in possession of the copyright, s/he shall be solely liable for claims asserted by the copyright holder; the same shall apply to any rights associated with the translation.

Section 9 Assignment of rights

The assignment of rights arising from or in conjunction with this contract by the contractual partner requires the written consent of Easytrans24.com.

Section 10 Performance by third parties

If deemed appropriate and reasonable in the discretion of Easytrans24.com, third party businesses may be commissioned by Easytrans24.com to perform any and all transactions/services. In such a case, Easytrans24.com shall only be liable for the careful selection of third parties. Contact between the contractual partner and the third parties commissioned by Easytrans24.com requires the written consent of Easytrans24.com.

Section 11 Non-solicitation clause

  1. During the term of collaboration between the parties and for a period of one year thereafter, the contractual partner is obliged to not poach or employ without prior consent from Easytrans24.com any translators employed by or working for Easytrans24.com.
  2. In the event of a culpable violation thereof, the contractual partner is obliged to pay Easytrans24.com a contractual penalty, which is to be determined by Easytrans24.com and, if disputed, to reviewed by an appropriate court with jurisdiction in this regard, however, the penalty shall not total less than €5,000. Older T&Cs are no longer applicable once an updated version has been published.

Section 12 Severability clause

  1. Should one of the preceding provisions prove to be fully or partially ineffective for any reason, or become so, the effectiveness of the remaining provisions shall be unaffected. In such an event, the parties are obliged to replace any invalid provision once it becomes ineffective with another provision that most closely approximates the economic purpose of the provision as originally intended
  2. Should the contract contain a loophole, the parties are obliged to expand the contract with a suitable provision that most closely approximates that which the contractual parties intended or, given the sense and purpose of this contract, would have intended if they had considered the matter when the contract was entered into or when a provision was subsequently adopted.

Section 13 Deviating agreements

Changes of and amendments to the contract, as well as assurances, auxiliary agreements and other agreements require the written form (written confirmation by Easytrans24.com). The same shall apply to any changes to the requirement for the written form.

Section 14 Place of jurisdiction and applicable law

  1. If the contractual partner is an entrepreneur, the sole place of jurisdiction for all disputes arising from or in conjunction with this contract shall be the court at the office address of Easytrans24.com: Hamburg, Federal Republic of Germany.
  2. This contract is exclusively subject to German law. The application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Older T&Cs are no longer applicable once an updated version has been published.

Version: January 2017