GENERAL TERMS AND CONDITIONS
I. Scope of Application
These General Terms and Conditions (“GTC”) shall apply to all legal transactions concluded between Wordcraft GmbH and third parties (“contract 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 contract partner in full for services owed and services already rendered, provided that concrete performance times have not already been agreed on in the contract and the contract partner does not cancel 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 GTC. These GTC are accepted by the contract partner at the time of order placement and apply for the entire duration of the business relationship.
III. Execution of Contracts
The rights of the contract partner from contracts with Wordcraft GmbH are only transferable to third parties after consultation and written confirmation.
The contract partner 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 contract partner agrees that Wordcraft GmbH will use his data to inform him about changes and new 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 (0) 341 928 80 19
Fax: +49 (0) 341 306 917 19
The contract partner undertakes to not enter into any direct contracts which are outside the scope the contract partner’s business relationship with Wordcraft GmbH with the service providers of Wordcraft GmbH (trainers/translators).
Invoices will be sent to the contract partner by mail or email.
IV. Terms and Conditions for Language Training
1) Wordcraft GmbH is entitled to not carry out language training if, according to its assessment, there is not a sufficient number of participants for the planned course or for other reasons for which Wordcraft GmbH is not responsible and due to which the individual lesson cannot be carried out. Wordcraft GmbH shall inform the contract partners of this immediately with reference to alternative dates. In the above sense, Wordcraft GmbH is also entitled to change the planned schedule of lessons, to postpone them, to combine different courses or to cancel courses completely, whereby in the latter case the fee agreed with the contract partner shall not become due or shall be refunded. If Wordcraft GmbH is at fault for a lesson not taking place on the agreed date, an alternative date shall be mutually agreed on with the contract partner. If the contract partner does complete the courses on the agreed dates, the contractually agreed fee shall become due, unless the contract partner has notified Wordcraft GmbH in writing or orally of the impossibility of his presence by the agreed deadline prior to the start of the respective event. Direct communication between the trainer and the contract partner or course participants regarding changes in dates shall only be permitted in exceptional cases. Trainers are not permitted to make their personal contact data available to the contract partner or course participants.
2) Wordcraft GmbH is entitled at any time to initiate changes regarding the actual service provider (here: trainer). The contract partner is not entitled to a specific trainer. Wordcraft GmbH nevertheless endeavors to ensure the continuity of trainers with regard to overall courses.
3) If the cost estimate for language training prepared by Wordcraft GmbH is accepted in writing by the contracting party, but no language training is provided, Wordcraft GmbH may invoice the contract partner for services actually rendered (e.g. verbal/written placement tests). The prices for these ancillary services can be found in the language training brochure.
4) Booked and paid-for lessons must be completed within one year of the date of the first lesson. If the lessons are not completed within this period, the lessons not completed are forfeit. The contract partner is not entitled to reimbursement of the lessons paid for unless he was prevented from attending the lessons by illness (subject to certificate of incapacity by a physician) or other proven, serious reasons beyond his control.
5) If lessons are booked but not yet paid for, and there is no prospect that the remaining hours will be completed by the contract partner within the subsequent six months, Wordcraft GmbH may nevertheless invoice the contract partner for 35% of these incomplete lessons.
6) If repeated cancellation of booked lessons by the contract 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) Wordcraft GmbH is not liable for the personal property of any contract partner on the premises of Wordcraft GmbH.
V. Terms and Conditions for Translation Orders
1) A 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 by the contract partner 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 contract partner shall inform Wordcraft GmbH of the target language, the subject matter and the subject area of the text. If the contract partner has specific terminology requirements for the translation, he 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:
– to texts which include illegal or unacceptable content;
– if editing the text appears unreasonable due to the difficulty and/or the scope of the source text;
– if a translation cannot be provided in the time period specified at a reasonable level of 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 contract partner.
4) The translation shall be returned as agreed either in paper or in electronic form. Wordcraft GmbH accepts no liability for successful mediation or transmission of the translation. All obligations are fulfilled once the translation has been dispatched according to the agreed mode of dispatch. Dispatch by electronic means (e.g. email) or any other form of remote transmission shall be at the sole risk of the contract partner. If the translation is sent by email or any other form of remote data transmission, the contract partner shall be responsible for a final check 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.
5) Wordcraft GmbH undertakes to carry out the translation or have it carried out so 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 to the meaning of the text. Wordcraft GmbH shall not be liable in general for delays or defects in workmanship caused by an unclear, incorrect or incomplete order placement, or errors, misleading or 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 contract 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 contract partner. If no complaint is made within this period, the translation shall be deemed approved. The contract partner must set Wordcraft GmbH a reasonable deadline for subsequent improvement. If the subsequent improvement fails, the contract partner may claim a reduction on the basis of improvement failure. If the contract partner does not state the intended purpose of the translation, he cannot claim that the translation is unsuitable for the intended purpose. If the contract 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 contract partner.
6) Wordcraft GmbH shall only be liable for intentional and gross negligence and shall not be liable for indirect damages resulting from a defective translation.
7) Wordcraft GmbH guarantees that the contract partner can use the translation without any time limit and without any quantity limitation. The contract partner 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 contract partner against all claims of the translator. Conversely, the contract partner guarantees that he is entitled to all rights to the text to be translated and that he is authorized to have the text translated without restriction. In this respect, the contract partner 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 contract 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 contract partner before the execution of the service.
9) Wordcraft GmbH shall endeavor to complete and return the work ordered in due time. Delivery periods, however, are generally only expected dates. If Wordcraft GmbH realizes that delays will occur, it will inform the contracting party immediately. If an agreed-upon deadline 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 contract partner may terminate the order without notice. Wordcraft GmbH will lose its claim to compensation for those services which could not be rendered after termination.
VI. Termination of Contracts
1) Contracts concluded between Wordcraft GmbH and the contract partner 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 contract 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 contract 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 contract partner by Wordcraft GmbH shall only be taken into account in the settlement if the contract partner makes full use of the service. Should the contract partner 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, 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 full commercial transactions) is Leipzig.
Last update: 01 April 2018