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General Terms and Conditions

Here you will find the General Terms and Conditions of Easytrans24.com GmbH. They apply to all contracts between us and our customers.

§ 1. Scope – General information

1. These Terms and Conditions apply exclusively to contracts between Easytrans24.com GmbH (hereinafter referred to as “Easytrans24.com”) and its contractual partners. They shall apply for the entire duration of the business relationship and also for future transactions.

 

2. Other terms and conditions, including those of a contractual partner, are not recognised by Easytrans24.com unless Easytrans24.com expressly agrees to the other terms and conditions by prior written confirmation by post or fax (but not by electronic mail).

 

3. Amendments and new versions of these terms and conditions shall only become part of the contract if they are communicated to the contractual partner in writing or in text form and the contractual partner does not expressly object to them in writing within four weeks of receipt of the new T&Cs.

 

4. Easytrans24.com reserves the right to refuse translations of documents or content in whole or in part.

§ 2. Delivery times

1. The delivery dates provided are to be understood as approximate values given to the best of our knowledge and belief and will typically be upheld. However, they shall not be deemed to be a binding guarantee.

 

2. Delivery dates stated in the quote are only valid for a period of two (2) hours from when the quote is issued. In case of later receipt of the order by the contracting party, a new delivery date shall be fixed taking into account the current capacity situation.

 

3. The contractual partner is required to send Easytrans24.com a confirmation of receipt of the translation, or to enquire if the agreed delivery date has been exceeded, as it cannot be ruled out that an e-mail is deleted by a spam filter or otherwise gets lost.

 

4. Delivery delays may occur due to unforeseeable events, such as illness of the translator, sudden family problems of the translator, technical PC problems, problems with the Internet or similar unforeseeable events outside the control of Easytrans24.com.

§ 3. Cancellation policy exclusively for private consumers

1. Right of cancellation: Private consumers may revoke their contractual declaration in writing (e.g. letter, fax, email) within two weeks without stating reasons. The period begins after receipt of this instruction in writing, but not before the conclusion of the contract and also not before Easytrans24.com has fulfilled its duty to inform according to § 312c para. 2 of the German Civil Code (BGB) in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV (Duty to Inform). To comply with the deadline, the revocation/withdrawal should be sent in a timely manner. The cancellation must be sent to: Easytrans24.com GmbH, Wattstraße 11 – 13355 Berlin, Fax: +49 (0) 40 360 90 133, Email: info@easytrans24.com

 

2. Consequences of cancellation: In the event of a valid cancellation, the payments or goods received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered. If the consumer is unable to return the received service to Easytrans24.com in whole or in part or only in a deteriorated condition, the consumer may be required to pay compensation to Easytrans24.com. This may mean that the consumer must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to reimburse payments must be satisfied within 30 days. The time limit for the consumer begins upon submitting their notice of withdrawal, for Easytrans24.com upon its receipt.

 

3. Special notes: Easytrans24.com reserves the right to begin executing the order only after the expiry of the two-week cancellation period. If Easytrans24.com begins executing the work due under the contract at the express request of the consumer before the expiry of the two-week cancellation period, the consumer’s right of withdrawal shall expire; at the same time, the reservation to which Easytrans24.com is entitled pursuant to sentence 1 expires. The consumer’s right of withdrawal shall also expire prematurely if the contract has been performed in full by both parties at the consumer’s express request before the consumer has exercised his right of withdrawal. End of the notice concerning your right of cancellation

§ 4 Cancellation of orders

1. Cancellation of orders free of charge is excluded.

 

2. In the event of cancellation, a cancellation fee in the amount of the progress of the work, but at least 50% of the order value excluding any discount charged, shall be payable.

§ 5 Prices, terms of payment and retention of title

1. Prices are in pound sterling unless another currency has been expressly agreed. The prices and costs according to the quote apply.

 

2. Invoices are due for payment without deduction within 14 days of the invoice date. If payment by direct debit is agreed, Easytrans24.com will collect the invoice amount by direct debit instruction. All costs for foreign transfers shall be borne entirely by the contracting partner.

 

3. In the event of a chargeback by the contracting partner, the contracting partner shall bear all costs incurred with and as a result of the chargeback.

 

4. Delivered translations and the associated rights (rights of exploitation and use) are subject to retention of title and transfer (e.g. the use, further processing, publication or other use of the translations produced by Easytrans24.com) until full payment of the remuneration. In the event of infringement, any proceeds shall be returned to Easytrans24.com. Easytrans24.com reserves the right to assert further claims for damages.

§ 6. Confidentiality

1. Easytrans24.com undertakes to maintain secrecy about the content of the documents to be translated, about the information material provided to it upon placement of the order and about all facts that have become known to it in connection with its work for the contractual partner and to treat these confidentially.

 

2. Paragraph 1 does not apply in the case of recognisable violations of national or international criminal law (e.g. instructions to build bombs, incitement of the people, discrimination, etc.).

§ 7 Text formatting, retention of layout and other visual designs

1. Standard orders exclusively involve a pure translation of the text provided. Easytrans24.com does not assume any guarantee for the retention of formatting, layouts or other visual designs for such orders.

 

2. For editable standard documents (Word, Excel and PowerPoint), the translation is done in the original document itself. In such cases, Easytrans24.com will attempt to adopt the formatting, layouts or other visual designs accordingly. However, Easytrans24.com does not assume any guarantee for this, as it cannot be ruled out that formatting, layouts or other visual designs, in particular tables and other parameters suffering from a lack of space, may be moved or otherwise changed. This is due to the different text lengths of the respective languages.

 

3. Layout formatting can be booked as an additional service in the form of DTP (desktop publishing). In this case, Easytrans24.com guarantees the flawless implementation of the design specifications.

§ 8 Warranty for defects

1. The contractual partner shall be obliged to check the translation after acceptance to ensure that it is free of defects and usable in the specific situation before using or applying the translation elsewhere.

 

2. Obvious defects shall be notified in writing within a period of two weeks from the date of dispatch of the notification. The statutory limitation period pursuant to § 634a BGB shall apply to hidden defects.

 

3. If, on the other hand, the contractual partner is an entrepreneur, the contractual partner must check the translation immediately after acceptance and report any obvious defects without delay, otherwise the assertion of warranty claims is excluded.

 

4. The complaint period begins with the acceptance.

 

5. Easytrans24.com shall only be liable in the event of a demonstrably incorrect translation. The evidence must be provided in a comprehensible manner, giving examples. Easytrans24.com expressly reserves the right to make its own examination and assessment.

 

6. In the event of any defects, Easytrans24.com shall first have the right to subsequent performance pursuant to §§ 634 No. 1, 635 BGB. Only if the subsequent performance fails when a demonstrably defective translation is established may the contractual partner assert the further statutory warranty claims. However, any further claims for damages (e.g. loss of profit, damage caused by delay, lack of savings, damage due to claims by third parties as well as other indirect and consequential damage, which may arise, for example, due to planned events of the contractual partner, printing costs, publication costs or similar) are excluded.

 

7. Easytrans24.com guarantees to investigate every complaint in the interest of customer satisfaction. This also applies even if the complaint was justified by the examination of a non-qualified translator but, for example, by a “mere” native speaker.

§ 9. Liability

1. In the event of damage to life, limb or health, Easytrans24.com shall also be liable for negligence in addition to intent.

 

2. In the event of other claims for damages by the contractual partner, Easytrans24.com shall only be liable for gross negligence or intent and then only to a maximum of the order value per claim.

 

3. All further rights and claims are excluded, irrespective of their legal basis. This applies in particular to compensation for indirect damage (e.g. loss of profit; consequential damage; damage not to the translation itself but caused by its use, unusability or otherwise to other property).

 

4. Easytrans24.com is not liable for damages in the cases mentioned under § 2 paragraph 4 and also not for damages caused by disruption of operations, in particular by force majeure (e.g. natural events and traffic disruptions), furthermore by transmission errors of electronically transmitted data, impairment of data by spam filters of the contractual partner, network and server errors, any other line and transmission disruptions and other obstacles for which Easytrans24.com is not responsible. In such exceptional cases, Easytrans24.com is entitled to withdraw from the contract in whole or in part. The same applies if Easytrans24.com ceases or restricts operation for a certain period of time in whole or in part for good cause.

 

5. As Easytrans24.com uses the latest versions of antivirus software, it is also not liable for any damage that may nevertheless be caused by viruses, Trojans, worms, spyware or adware and other malware.

 

6. Easytrans24.com shall not be liable if deficiencies in the translation are due to the fact that the translators employed by Easytrans24.com or working for Easytrans24.com acted intentionally or with criminal ulterior motives and deceived Easytrans24.com about this as a client (about the actual motives or interests). In this case, Easytrans24.com itself acts as the injured party and, together with the contractual partner, may attempt to prosecute the responsible translator.

 

7. Easytrans24.com is not obliged to determine the copyright of the texts to be translated. If the copyright does not lie with the contracting party, the contracting party shall be liable – also for the rights of the translations – to the author on its own responsibility.

§ 10. Assignment

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

§ 11. Execution by third parties

Should Easytrans24.com deem it expedient and reasonable at its discretion, it may use third parties to execute all transactions. In this respect, Easytrans24.com is solely liable for the careful selection of third parties. Contacts between the contractual partner and third parties commissioned by Easytrans24.com require the written consent of Easytrans24.com.

§ 12. Non-solicitation clause

1. For the duration of the cooperation between the parties and for a period of one year thereafter, the contractual partner undertakes not to entice away from Easytrans24.com any translators employed by Easytrans24.com or working for Easytrans24.com, or to employ them without the consent of Easytrans24.com.

 

2. For each case of culpable infringement, the contractual partner undertakes to pay an appropriate contractual penalty to be determined by Easytrans24.com and to be reviewed by the competent court in the event of a dispute, but no less than the amount of £4,500. Upon publication of the updated T&Cs, older versions shall cease to be valid.

§ 13. Severability clause

1. If any of these terms and conditions is or becomes invalid in whole or in part for any reason, the validity of the remaining terms and conditions shall not be affected thereby. Rather, the parties undertake to replace the invalid condition from the beginning of the invalidity period by a provision that is as close as possible to it in terms of economic effect.

 

2. If the contract contains a loophole, the parties undertake to supplement the contract with an appropriate provision which they would have agreed in accordance with the meaning and purpose of the contract if they had considered this point when concluding this contract or subsequently including or amending a provision.

§ 14. Deviating agreements

Amendments and supplements to the contract as well as assurances, collateral agreements and other agreements must be made in writing (written confirmation by Easytrans24.com). This also applies to amendments to this written requirement.

§ 15. Jurisdiction and applicable law

1. If the contractual partner is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the court of the registered office of Easytrans24.com, Hamburg, Federal Republic of Germany.

 

2. This contract shall be governed exclusively by German law. The application of the provisions of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. Upon publication of the updated T&Cs, older versions shall cease to be valid.

 

Version: November 2022

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