GENERAL TERMS AND CONDITIONS
I. Scope of application
These General Terms and Conditions shall apply to all legal transactions concluded between Wordcraft GmbH and third parties (contractual partners).
II. Conclusion of contracts
1) The contract shall be concluded on the basis of a written or verbal agreement. Contracts may be concluded for an indefinite or limited period. In both cases, Wordcraft GmbH shall be entitled to invoice the contractual partner in full for the services owed and services already rendered, provided that concrete performance times have not already been agreed in the contract and the contractual partner does not call off the services owed by Wordcraft GmbH within one year of conclusion of the contract. Each contract shall be concluded exclusively on the basis of these General Terms and Conditions. The GTC are accepted by the contractual partner by placing the order and apply for the entire duration of the business relationship.
III. Execution of the contracts
The rights of the contracting party from contracts with Wordcraft GmbH are only transferable to third parties after consultation and written confirmation.
The contracting party agrees to the electronic storage of all data resulting from the contractual relationship, whereby the transfer of such data to third parties is excluded by Wordcraft GmbH. The contracting party agrees that Wordcraft GmbH will use his data to inform him about changes, innovations or special offers. This declaration of consent can be revoked at any time and without giving reasons. The revocation may be made in writing or verbally:
phone: +49 341 928 80 19
fax: +49 341 306 917 19
The contracting party undertakes not to enter into any direct contracts with the service providers of Wordcraft GmbH (trainers/translators) within the business relationship with Wordcraft GmbH.
The invoice will be sent to the contracting party by mail or email.
IV. Terms and Conditions for Language Training
1) Wordcraft GmbH is entitled not to carry out the language training if, according to its assessment, there is not a sufficient number of registrations for the planned language training or for other reasons for which Wordcraft GmbH is not responsible and by which the respective course cannot be carried out. Wordcraft GmbH shall inform the contracting parties of this immediately with reference to alternative dates. In the above sense, Wordcraft GmbH is also entitled to change the planned schedule of courses, to postpone them, to combine different courses or to cancel courses completely, whereby in the latter case the fee agreed with the contracting party shall not become due or shall be refunded. If Wordcraft GmbH is at fault for a course not taking place on the agreed course date, an alternative date shall be mutually agreed with the contracting party. If the contractual partner does not appear on the agreed dates, the contractually agreed fee shall become due, unless the contractual partner has notified Wordcraft GmbH in writing or orally of the impossibility of its presence by the agreed deadline prior to the start of the respective event. Direct communication between the trainer and the end customer regarding changes in dates shall only be permitted in exceptional cases. The trainers are not permitted to make their personal contact data available to the customers.
2) Wordcraft GmbH is entitled at any time to initiate changes in the person of the actual service provider (trainer). The contractual partner is not entitled to a specific trainer. Wordcraft GmbH nevertheless endeavours to ensure the continuity of the trainers with regard to the respective language courses.
3) if the cost estimate for the language training prepared by Wordcraft GmbH is confirmed in writing by the contracting party, but no language training is finally provided, Wordcraft GmbH may invoice the contracting party for services rendered (e.g. verbal/written placement tests). The price for this can be found in the language training brochure.
4) Booked and paid lessons must be attended within one year of the date of the first lesson. If the lessons are not called up within this period, the lessons not called up are forfeited. The partner is not entitled to reimbursement of the lessons paid for unless the customer was prevented from attending the lesson by proven illness or other proven, serious reasons beyond his control.
5) if lessons are booked but not yet paid for, but there is no prospect that the remaining hours will be taken up by the contractual partner within the next six months, Wordcraft GmbH may nevertheless charge the contractual partner 35% of these still open lessons.
6) if the repeated cancellation of the booked lesson by the contractual partner results in Wordcraft GmbH’s price calculation no longer corresponding to the agreed prices within twelve months of the date of the first lesson, Wordcraft GmbH shall be entitled to invoice the new prices.
7) The contracting party undertakes to take care of his valuables, wardrobe etc. in the premises of Wordcraft GmbH himself.
V. Terms and conditions for translation orders
1) The translation order shall come into existence when the text to be translated has been received in full by Wordcraft GmbH in written form together with an order confirmation of the contracting party in oral or written form and when Wordcraft GmbH has accepted the order and in return confirmed it orally or in writing (including electronically). The contracting party shall inform Wordcraft GmbH of the target language, the subject matter and the subject area of the text. If the contracting party has specific terminology requirements for the translation, it shall inform Wordcraft GmbH accordingly and provide appropriate instructions (sample texts, terminology lists, etc.).
2) Wordcraft GmbH may reject the translation of a text. This applies in particular in cases in which texts with punishable content are given for translation, as well as if editing the text appears unreasonable due to the difficulty and/or the scope of the original, a translation in the time period specified by the customer in reasonable quality.
3) in the case of translation by third parties, the translation shall not be carried out by Wordcraft GmbH itself, but by independent translators who, after an internal qualification check, are given protected access to the texts of the contracting party.
4) the return of the translation shall take place as agreed either in paper form or in electronic form. Wordcraft GmbH accepts no liability for successful mediation or transmission of the translation. All obligations are fulfilled if the translation has been dispatched according to the agreed mode of dispatch. Dispatch by electronic means (e.g. e-mail) or any other form of remote transmission shall be at the sole risk of the contractual partner. If the translation is sent by e-mail or any other form of remote data transmission, the contractual partner shall be responsible for final checking of the transmitted texts and files, since a change in the transmitted data cannot be ruled out. Liability for damages due to “electronic viruses” is also expressly excluded. Wordcraft GmbH is entitled to request confirmation of receipt of the email sent by email.
5) Wordcraft GmbH undertakes to carry out the translation or have it carried out in such a way that it contains as few defects as possible; insignificant defects shall not be taken into consideration. Wordcraft GmbH further undertakes to ensure that the translation is carried out without reductions, additions or other changes. Wordcraft GmbH shall not be liable in principle for delays or defects in workmanship caused by an unclear, incorrect or incomplete placing of order or errors or misleading or even incorrect formulations in the source text or in source files. Wordcraft GmbH is not liable for delays in performance caused by strikes, operational breakdowns, force majeure, network or server errors. A right to compensation is excluded. The completed translation will be checked by Wordcraft GmbH for completeness as well as for any other defects that are apparent at first glance and forwarded to the contractual partner if no complaints arise. If objective defects nevertheless remain and if these are not insignificant, the contractual partner must complain about these defects within 5 working days, describing them as precisely as possible. The period begins upon receipt of the translation by the contractual partner. If no complaint is made within this period, the translation shall be deemed approved. The contracting party must set Wordcraft GmbH a reasonable deadline for subsequent improvement. If the subsequent improvement fails, the contracting party may claim a reduction due to the failure of the subsequent improvement. If the contractual partner does not state the intended purpose of the translation, he cannot claim that the translation is unsuitable for the intended purpose. If the contractual partner does not state that the translation is intended for printing, if he does not send Wordcraft GmbH a proof before printing and if he prints without approval by Wordcraft GmbH, any defect shall be fully at the expense of the contractual partner.
6) Wordcraft GmbH shall only be liable for intent and gross negligence and shall not be liable for indirect damages resulting from a defective translation.
7) Wordcraft GmbH guarantees that the contractual partner can use the translation without any time limit and without any quantity limitation. The contracting party is also entitled to process the translation and to transfer the rights to the translation to third parties by means of a license or in any other way. Wordcraft GmbH indemnifies the contractual partner against all claims of the translator. Conversely, the contracting party guarantees that it is entitled to all rights to the text to be translated and that it is authorised to have the text translated without restriction. In this respect, the contracting party shall indemnify both Wordcraft GmbH and the translator against all claims.
8) Wordcraft GmbH assures that the confidentiality of the content of the texts will be maintained. If the translation is carried out by independent translators, these persons shall also be bound to secrecy. Despite the use of electronic encryption techniques, complete confidentiality cannot be guaranteed through communication in electronic form between the contractual partner, Wordcraft GmbH and the translator. Wordcraft GmbH and any independent translators engaged are entitled, but not obliged, to make and store a backup copy of the text. Wordcraft GmbH is able to prevent the downloading of the original files to be translated by independent translators as far as possible. However, this must be expressed in writing by the contractual partner before the start of the service.
9) Wordcraft GmbH shall endeavour to complete the work ordered in due time and to return it. Delivery periods, however, are in principle only expected dates. If Wordcraft GmbH recognizes that delays will occur, it will inform the contracting party immediately. If a deadline has been agreed and has expired, the contracting party must grant Wordcraft GmbH a reasonable period of grace before terminating the contract without notice. If the deadline set by the period of grace also expires by a further 10 days, the contracting party may terminate the order without notice. Wordcraft GmbH thus loses its claim to its fee for those services which could no longer be rendered after the termination.
VI. Termination of contracts
1) Contracts concluded between Wordcraft GmbH and the contracting party can be terminated with a period of notice of two weeks to the end of the month, provided that the contracts are concluded for an indefinite period. Contracts concluded for a limited period of time generally end in accordance with the contractual time limit. An extraordinary termination is not excluded both for Wordcraft GmbH and for the contractual partner in the case of a contract concluded for an indefinite period as well as for a limited period, if there is an important reason for this. An important reason on the part of the contractual partner is a move, sudden unemployment, serious illness or death. An important reason on the part of Wordcraft GmbH only exists if the operative business is discontinued.
Discounts and special conditions granted to the contracting party by Wordcraft GmbH shall only be taken into account in the settlement if the contracting party makes full use of the service. Should the contracting party not make full use of the agreed service or terminate the contractual relationship prematurely, all benefits shall be lost. If interim invoices have already been issued by this time, Wordcraft GmbH shall have the right to reclaim any benefits granted in advance. This provision does not apply if the contractual relationship is terminated for good cause as described above.
1) Agreements deviating from these terms and conditions for translation orders (TCfTO) or orders for language training must be made in writing. Insofar as the contracting party also uses terms and conditions for translation orders, the terms and conditions for translation orders of Wordcraft GmbH shall apply exclusively to all legal transactions in the relevant area of application here, even if the opposing TCfTO of Wordcraft GmbH are not expressly contradicted.
2) If one or more provisions of these TCfTO are not legally effective, the validity of the other provisions shall remain unaffected. In addition, the ineffective provisions shall be subject to effective formulations that come as close as possible to the economic intent of the contract concluded.
3) Place of contract performance and place of jurisdiction (insofar as contracts are in full commercial transactions) is Leipzig.
Last updated: 01 April 2018