Supertext Deutschland GmbH
General Terms and Conditions (T&C)
As of: February 2015
Validity of the T&C
1. Supertext operates an agency for text services available through the internet. The text services are not only rendered by Supertext itself, but also by independent certified professionals (professional translators, copywriters, editors and proofreaders) contracted by Supertext. However, the contractual relationships exist in all cases solely with Supertext and not directly with the respective specialist.
2. Supertext provides its services exclusively on the basis of these T&C; the T&C are considered as accepted with any placement of an order with Supertext. Any deviating or opposing terms or conditions of the client shall not apply unless Supertext provides its express consent in writing.
3. Supertext reserves the right to amend these T&C. Supertext shall inform already registered clients as to the new version of the T&C. If the client does not object to the new version within two weeks of receipt of this notification, the new conditions are considered to be accepted by the client. Supertext shall inform the client about the option of, and the deadline for, objecting to the new conditions when sending them to the client.
Conclusion of the Contract, Price Calculation, Delivery Time
1. On the website, Supertext generates a quote on the basis of the information provided by the client.
2. The determination of the volume of a document to be edited, the selection of the processing period by the client and the price calculation based on these parameters are carried out electronically. Supertext reserves the right to retroactively adjust the cost of the text services to the actual volume of the document (according to the current prices of Supertext), if automatic determination of the volume of the text to be edited cannot be carried out with sufficient precision due to technical reasons (for example, because the document to be edited contains text fields that are not recognized by the counting software as text to be edited, or because a format is used which cannot be counted accurately online in all cases, such as .pdf, .jpg, .ppt or .xls formats).
3. The client accepts the quote by placing their order online. The contract is concluded with the electronic order according to the condition precedent that Supertext does not exercise its right of termination in accordance with § 3 Clause 4.
4. Once the contract is concluded, Supertext starts processing it. The delivery time starts at the same time. Supertext reserves the right to start processing the order only against prepayment for clients not entered in the commercial register.
Scope of Services, Rights of Use, Rejection of Texts, User Rights
1. Supertext undertakes to properly and professionally draft, revise, correct or translate a text specified by the client in the desired language. For translations, Supertext undertakes to ensure that no cuts, additions or other changes with regards to content are made. Depending on the meaning of the original text, translations are carried out literally or conveying the meaning and mentality according to the average, generally accepted quality standards of the translation industry for the respective language area.
2. Special technical terminology adopted by the client is only taken into account if agreed upon beforehand and if sufficient and complete documentation such as previous translations or glossaries are made available when the order is placed. Otherwise, technical terms are translated or used as is generally accepted in accordance with the quality standards pursuant to Clause 3.1.
3. Supertext does not guarantee that the respective translation or edited text is permissible and appropriate for the intended use of the client. This applies especially if the delivered text is published or used for marketing purposes. In this regard, the client alone bears the legal risk of usability or publication.
4. Only texts are translated and/or edited. The document to be translated can be rejected if it contains text in images, graphics or scans. Texts containing criminal or immoral content can be rejected at any time. Apart from this, a document may be rejected if there are special circumstances which make editing the text appear unreasonable. This may especially be the case where, because of the difficulty and/or volume of the original, a translation in an appropriate quality is not possible in the period specified by the client. Supertext shall inform the client of this fact as soon as possible. There are no claims to remuneration or benefits if a document is rejected.
5. If a text obtains copyright protection by being edited by the respective specialist, Supertext guarantees that the client receives the unrestricted right of use, which is unlimited in terms of time, place and content. This right of use includes, in particular, the right to reproduce, distribute and publicly disclose the work, partially or in full. This includes the right to make changes and to transfer rights to third parties.
Acceptance, Obligation to Give Notice of Defects
1. After editing is finished, the text is made available for download in the client login area on the Supertext server. The client is sent a collection notification via email. The client shall ensure that the download takes place promptly after notification of completion.
2. Other delivery forms, such as by regular mail or fax, take place only on the basis of a separate explicit agreement, for example in the case of certified documents.
3. The client shall review the document for any defects immediately upon receipt, and, if present, give notice without delay. Claims of obvious defects in the edited text are to be made in writing specifying the defects immediately after downloading or after receipt by the client (in case of other forms of delivery); claims of hidden defects are to be made immediately after their discovery. If no written claim of defects is made within 14 days, the edited text is considered to have been carried out according to the contract.
4. Supertext bears the risk of data loss until collection of the translation per download to the hard drive or cache memory of the client. The client is responsible for the transfer process via download to the hard drive or cache memory and in this respect releases Supertext from any liability. As far as other forms of delivery (regular mail, email, fax) have been expressly agreed, the risk passes to the client only upon delivery of the text to the carrier or upon receipt of the corresponding email in the recipient’s mailbox or with print out of the respective fax message at the recipient’s premises.
Claims for defects
1. As far as the edited text differs from the agreed requirements, the client has to set Supertext a reasonable deadline to rectify the defects. A rectification is excluded if the differences were caused by the client, e.g. due to incorrect or incomplete information or faulty original texts.
2. Determination of a deadline is not required if, at the conclusion of the contract, the client expressly stated that the provision of the contractual service is useless to them after the expiry of the delivery period.
3. After the deadline to rectify the defects has passed to no effect, the client is entitled to reduce their remuneration or revoke the contract. The same applies if no rectifications are made. Claims for compensation or reimbursement for unnecessary expenditure shall apply only in accordance with § 9 and are otherwise excluded.
Remuneration, Payment Terms
1. Supertext invoices the client the services at the agreed price or the agreed minimum fees and conditions plus the applicable VAT.
2. Supertext usually makes invoices available for download or sends them via email in PDF format. A paper invoice can be requested if required.
3. The corresponding remuneration is due upon invoicing without deduction for immediate payment. If payment by the client is delayed, Supertext is entitled to demand default interest of 5% per annum. If Supertext is able to prove higher damage caused by the delay, it is entitled to claim it.
Cost Settlement, Prohibition of Assignment
1. The client has no right of set-off or retention except if their claim has been legally determined or is undisputed.
2. The assignment of rights under this contract is inadmissible without the consent of Supertext.
1. The client may cancel the contract at any time prior to completion of the translation.
2. If an awarded contract is canceled by the client, the costs incurred to date must be compensated according to the degree of their completion. In any case, the reimbursement claim amounts to at least 50% of the order value.
Liability/Limitation of Liability
1. Except for violations of major contractual obligations, injury to life, body or health, or claims arising from the German Product Liability Act (Produkthaftungsgesetz), Supertext is liable only for intent and gross negligence. Essential contractual obligations are obligations, the fulfilment of which is essential for achieving the contractual purpose.
2. Supertext is not liable for any loss or delay of services due to force majeure or unforeseen, temporary frustrations not caused by Supertext, in particular strikes and lockouts as well as breakdown of communication networks and gateways of other operators.
3. The amount of the liability for damages caused by the use of services by Supertext, by incorrect storage or transmission of data through Supertext, or by Supertext’s handling of texts and documents is limited to proven damages. In any case, liability is limited to EUR 100.00 per page and shall not exceed the foreseeable maximum amount of EUR 5,000.00.
Revocation Policy for Consumers
1. Consumers have a legal right of revocation on conclusion of a remote purchase transaction. This right is described by Supertext below in accordance with the legal model. A standard revocation form can be found under Clause 2.
Right of Revocation
You have the right to revoke the contract within fourteen days without stating a reason for doing so. The revocation period is fourteen days from the day of the conclusion of the contract.
To exert your right of revocation, you must inform us, Supertext Deutschland GmbH, as to your decision to revoke this contract by means of a clearly worded declaration (e.g. a letter sent by post, a fax or an email). You may use the attached standard revocation form; however, there is no requirement to do so.
To comply with the revocation period, inform us before this period expires to exercise your right of revocation.
Consequences of revocation
If you revoke the contract, we shall reimburse you all payments received from you, including delivery costs (with the exception of additional costs arising from your specification of delivery form that differs from the standard, reasonably priced form of delivery offered by us). This payment shall be made without delay and, at the latest, within fourteen days from the day we received the notice of your revocation of the contract. For this repayment, we shall use the same payment method that you used for the original transaction unless otherwise expressly agreed with you; under no circumstances shall charges be levied against you as the result of this repayment.
If you have requested for the services to begin during the revocation period, you shall reimburse us a suitable amount corresponding to the volume of services already provided in proportion to the total volume of services set out in the contract. This shall apply up to the point when you informed us of your decision to exercise your right of revocation in conjunction with this contract.
2. An explanation of the standard revocation form is provided by Supertext below in accordance with statutory provisions:
Standard revocation form
(If you wish to revoke the contract, please complete this form and return it to us.) To: Supertext Deutschland GmbH, Mehringdamm 32/34, 10961 Berlin, email@example.com
I/we hereby (*) revoke the contract concluded by me/us (*) with regard to the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of consumer
- Address of consumer
- Signature of consumer (only for communication via paper)
(*) Mandatory fields.
1. Supertext makes every effort to maintain the confidentiality of the transmitted texts according to the current state of the art. However, due to the electronic data communication, Supertext cannot guarantee 100% confidentiality.
2. Supertext also makes every effort to examine the electronic data communication for any viruses or sabotage programs according to the current state of the art. However, a 100% protection against viruses or sabotage cannot be guaranteed even when applying due diligence. The client is expressly advised of a remaining residual risk.
3. The client authorizes Supertext to process, store and use the data received in conjunction with the business relationship in the sense of the German Data Protection Act (Datenschutzgesetz).
4. As far as Supertext uses third parties to provide the services offered, Supertext is entitled to disclose participant information in accordance with the provisions of the Data Protection Act. Supertext is otherwise entitled to do so in cases in which the detection, localization and removal of defects and errors in the facilities of Supertext as well as in the utilized facilities of third parties make the transmission of data necessary. Supertext is entitled to forward data to third parties only if legally obliged or by official order, or if required for evidential purposes or for the establishment of business relations.
5. Supertext declares that its employees and vicarious agents have been pledged to strict confidentiality and to compliance with data protection, and that Supertext has taken all necessary technical and organizational measures to ensure the implementation of the provisions of the German Data Protection Act (Datenschutzgesetz).
6. Supertext uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, text files stored on computers that enable the use of websites to be analyzed. The information generated by the cookie regarding the use of the website (including the IP address) is transferred to and stored on a Google server in the USA. Google uses this information to evaluate the use of a particular website, compile reports about website activities for website operators, and to render services associated with the use of the website and the internet. Google may also transfer this information to third parties if legally required or if third parties process this data on behalf of Google. By using this website, the client consents to the processing of the collected data by Google in the manner and for the use described above.
Alternatively, the client is entitled to prevent the installation of cookies by deactivating their browser software accordingly. Supertext points out that in such a case, not all functions of the website may be available for use in full.
Prohibition against Enticement
The client undertakes to not entice any specialists employed or subcontracted by Supertext during the period of cooperation between the parties and for a period of one year thereafter. For each case of culpable infringement, the client undertakes to pay a contractual penalty of EUR 10,000.00. The payment of a contractual penalty does not release the client from compliance with the prohibition against enticement.
1. Orders outside the scope of services of the text service in accordance with these T&C in connection with the services of Supertext are not subject to these T&C. This includes in particular additional services such as DTP, printing, HTML files, etc. Such services are agreed separately.
2. The place of fulfillment for all contractual services is the registered office of Supertext Deutschland GmbH in Berlin.
3. In case the parties have agreed on the written form, it shall also be satisfied via facsimile transmission.
4. The contractual relations between the parties are exclusively subject to the laws of the Federal Republic of Germany. If this law refers to any foreign legal system, these references are invalid. The execution of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
5. If the client is a registered trader or a legal entity under public law, Berlin is the place of jurisdiction for all claims relating to the contractual relationship.
6. If any individual provisions of this contract are ineffective or invalid, the validity of the remaining provisions remains unaffected. The ineffective or invalid provision is to be replaced analogously by the relevant statutory provisions.