GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Preliminary notes:
The general terms and conditions of business apply to all services and all business transactions between the client and RED PEN (Lang Heike, M.A.) (referred to in the following as contractor). The client complies with these terms and conditions through commissioning a job with the confirmation of an assignment (by email).
2. Services rendered:
The services rendered by the contractor include the correction of spelling, grammar and punctuation of texts in German and English (proofreading). If required, also stylistic improvement is suggested for the texts (editing). Furthermore, translations from the following languages are offered: English, French, Italian, Russian, Croatian, Bosnian and Serbian.
3. Procedure of proofreading/ editing:
The order is placed when the text to be corrected and the assignment confirmation are received. Only then will the contractor possibly accept the assignment and confirm this (by email). This also applies to amendments and additions to an assignment.
The contractor is at liberty at any stage to decline assignments without giving reasons, also after an assignment has been accepted by her.
The client is obliged to disclose her/his correct name and her/his correct address to the contractor. These are only used for internal use by the contractor and in no case handed over to third parties.
It is within the rights of the contractor to subcontract assignments or parts of assignments to third parties. Especially translations are handed over to experienced, qualified translators and/ or native speakers (who are accordingly qualified through degrees). The business relationship continues to lie between the client and the contractor.
Edited, proofread and translated texts are included into the references on the contractor’s website. If this is unwanted, the client is requested to point this out expressly with the confirmation of the assignment.
4. Delivery and delivery deadlines:
Submitting the texts that are to be proofread/ edited/ translated in time as well as a confirmation in writing of placing the job and the time confirmation by the contractor are preconditions for delivery within the deadline. Immediately after finishing proofreading/ editing , the corrected texts are sent to the client within the deadline.
Subsequent amendments of the assigned texts can prolong the delivery deadline and therefore require a new confirmation of placing the job and a date confirmation in writing. The delivery deadline is considered met as soon as the corrected documents have been dispatched by electronic post.
5. Prices and payment/ delay in payment
The agreed price is to be transferred within 10 days from delivery (the postal stamp or the date of sending on the email applies) to the account given in the email.
In the incident of delay of payment, the client will be charged 20€ each for reminder notices, as well as default interest from the 30th day onwards in legal height. The contractor reserves the right to request advance payment/ interim settlement for substantial assignments (or assignments that span over several weeks/ months). If the client rescinds from the contract after the assignment confirmation has been given or while or after the processing of the texts, the client will be charged 50% during processing, 100% of the agreed fee after completion of processing and the costs are due within 10 days after rescinding.
6. Discretion and confidentiality
The contractor commits herself to confidentiality about nature and content of assignments, unless the client absolves the contractor from her confidentiality obligation. Documents and content from documents are not released to third parties.
7. Claims for defects:
The contractor seeks to deliver her clients an orthographically and, where applicable, stylistically faultless text within the delivery deadline. From the contractor’s side, a complete absence of errors is aimed at when processing assignments, yet this cannot be guaranteed. Claims for failure of performance or consequential damage due to deficiencies are excluded.
8. Limitation of liability and exclusion of liability
The contractor can be held liable only with intent and culpable negligence and in the incident of lawful liability only to the amount of the respective assignment value. The client cannot claim damages whatsoever from the contractor.
The contractor does not hold liability for any data of the client which third parties have arrogated unlawfully.
The contractor does not hold liability for data which get into the hands of third parties unlawfully through postal or electronic ways or which show deficits or impairment after transmission. Electronic or postal transmission falls under the client’s own risk.
The contractor cannot be held liable for accuracy of content as well as legal admissibility of the texts to be corrected.
9. Final clauses:
The contractor reserves the right to alter, adjust or expand her terms and conditions of business.
10. Severability clause
If one clause of this contract becomes legally void, the remaining clauses are not affected in their efficacy. The parties commit to find instead of an inefficient clause a regulation that is close to this clause and that is efficient.
Graz, October 2013