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General Terms and Conditions
- These general terms and conditions apply for all business dealings with customers of nebensatz.com (responsible: Dr. Heermann Eisele), hereafter referred to as "contractor". With the placement of the order the customer (hereafter referred to as "client) confirms that he has acknowledged and accepted the general terms and conditions. Contrary terms and conditions of the contractor will not be accepted, even if these have not been explicitly disagreed with.
- If nothing to the contrary has been agreed upon, the prices that are valid at the time of the commissioning are applicable, such as outlined on the website at www.nebensatz.com at the time of the inquiry. If a price per page is mentioned, this always refers to a usual editorial standard page with 1,800 characters incl. spaces and footnotes. All prices are only applicable for proofreading and editing in electronic form, which means via the "Tracking" function in Microsoft Word right within the document and with corrections that can be reviewed by the client. Should the client request the corrections in paper form, this has to be made known prior to the placement of the order and might be subject to an additional fee as the case may be.
- Invoices are generally due in full within 10 days after receipt. Any banking fees (such as for wire transfers or checks) are to be carried in full by the client.
- Should a payment delay come to pass, the contractor will issue a reminder and invoice an adequate late payment fee. Furthermore the contractor will reserve the right to take legal action.
- Should the client step back from the assignment prior to the delivery of the agreed upon services, due to reasons that are not the responsibility of the contractor, a payment obligation in the full amount of the assignment value exists towards the contractor.
- The contractor will strive to adhere to all deadlines punctually and reliably. For delays that arise due to force majeure the contractor will assume no liability. In case of a delay on the side of the contractor, the client is entitled to step back from the contract after having provided for a reasonable extension of the delivery time.
- The delivery of the corrected texts will take place as agreed upon in the contract, either in paper form or in digital form. The contractor assumes no liability for the successful relay or transfer of the corrected texts that were sent. All obligations have been met as soon as the corrected texts have been sent via the agreed upon means of transmission. For the transmission by electronic means (i.e. via e-mail) or by means of data communication the client alone carries any and all risks. The client is responsible for a final check of the transferred texts and files, should the corrected texts have been transferred via e-mail or another type of data communication, seeing that a change of the transferred files can not be excluded. A liability for damages arising from electronic viruses is also expressly excluded.
- The aim of the proofreading is the best possible reduction of any mistakes made by the client in the source text. This means that the text of the client will be checked in regards to proper spelling, grammar, punctuation and hyphenation and that these corrections are to be marked in such a way, so that they can be understood by the client. The client acknowledges, that a large number of errors in the source text (i.e. on average more than ten mistakes per page) can influence the above mentioned aim in such a way, that even after the proofreading has been completed a certain number of errors may remain in the text. For errors that are continuously repeated in the text, a one-time remark of the proofreader in this regard is sufficient. A guarantee for a completely error-free text is always excluded.
- Seeing that adaptations relating to style and content are influenced by the personal language feel of the respective proofreader, such adaptations are generally always to be seen as improvement suggestions and need to be checked by the client. A liability relating to the stylistic correction and the proofreading is therefore excluded.
- The contractor will be liable in case of demonstrable intent or gross neglect, whereby the liability does not exceed the amount of the respective assignment value. Complaints are to be handed in by the client within a time period of 7 calendar days after delivery by quoting the wording of the objectionable text passages, together with a detailed statement. Should this assertion not take place or be delayed, the service is considered as accepted. For justified complaints a reasonable delivery time extension is to be granted, during which the text can be amended. Only if these text amendments can not be provided, can a reasonable discount of the agreed upon fee be claimed.
- Should the services of the contractor not be objected to by the client in accordance to point 10., the sole responsibility for the accuracy of the services is being transferred to the client upon acceptance, at the latest though after the time period for possible objections has passed. For texts that have been amended afterwards by the client, also within the time period for possible objections, the contractor dismisses any responsibility.
- The client alone is responsible for the legal admissibility of the text contents that have been worked on by the contractor.
- Any data relating to the client (names, addresses, etc.) will only be saved by the contractor for internal uses and will not be given to third parties. However, the contractor is not liable for data of the client, which third parties have been granted access to by illegal actions.
- All texts will be kept in confidence. The contractor obligates himself to maintain silence in regards to all matters that have become known to him due to fulfilling his services for the client. The electronic transfer of texts and data, as well as further communication in electronic form between the client and the contractor take place at the client's risk. The absolute protection of electronically transmitted data and information can not be guaranteed by the contractor, seeing that it can not be excluded that unauthorized persons gain access to the transferred texts and data by electronic means.
- The business relationship between the contractor and client are subject to the laws of the Federal Republic of Germany. Jurisdiction is Heidelberg.
- These general terms and conditions apply to all business dealings between the contractor and client. Should one or more of the clauses of these general terms or conditions become legally inadmissible or be changed in writing, the remainder of the clauses will not be affected.