GENERAL TERMS AND CONDITIONS
comtexto provides its services exclusively on the basis of these General Terms and Conditions. comtexto is authorised to amend or supplement these General Terms and Conditions at any time.
Unless otherwise agreed in writing between the parties in an individual contract, the following General Terms and Conditions shall be the subject of the contract:
Quotations are made based on the information provided by the client. Quotations therefore contain indicative prices for the volume known at the time of issuing the quotation. The final price may differ from the indicative price by up to 15%.
Orders are concluded by submitting an explicit order confirmation. This may be given informally. Ancillary agreements must be made in writing.
Order cancellations requested by the client
If the client cancels the order before the order has been delivered, the client shall be obliged to pay the amount of the expenses incurred up to that point.
The delivery date is either specified in the quotation or agreed in writing between the parties when the order is placed.
If an order is particularly urgent, an express surcharge may be agreed with the client before the order is placed.
Scope of services
comtexto undertakes to write, revise, correct or reproduce the client’s texts in the desired language in an appropriate and professional manner.
comtexto guarantees that translations will be produced literally or faithfully without abridgements, additions or other changes to the content. Translation quality is based on the generally recognised standards of the translation industry.
The client’s individual specialised terminology will only be taken into account by prior agreement subject to the receipt of detailed documentation, such as pre-translations or lists of terms. Otherwise, specialised terms will be translated or used in accordance with the generally accepted quality standards.
comtexto will adapt its services to the client’s individual requirements provided that such requirements have been clearly and unambiguously agreed upon in advance.
Written complaints will be considered up to seven days after delivery of a text, after which time the service shall be deemed to have been accepted. Complaints about individual texts supplied or about partial deliveries do not entitle the client to contest the entire delivery.
If the service provided differs from the agreed scope from the point of view of the client, they are obliged to report this to comtexto in writing, setting a reasonable deadline for rectification.
Text editing or translation by third parties releases comtexto from any liability.
In justified cases, rectifications will be carried out free of charge.
There shall be no right to rectification if discrepancies are due to circumstances caused by the client, such as incorrect or incomplete information or erroneous original texts.
comtexto will invoice the client for its services at the agreed price or in line with the agreed minimum order fees and conditions, plus the applicable statutory value added tax.
Translations are charged by the line. The number of lines is determined in the target language of the translation and can only be bindingly established after completion of the translation. A line consists of 52 characters including spaces. The number of lines is calculated with the help of a counting programme.
For translation assignments of fewer than twenty lines per language a minimum fee per language will be charged according to the price list.
Subsequent requests for changes which are not due to an error on the part of comtexto will be invoiced separately.
The editing, proofreading, and text revision, etc. are invoiced based on the actual hours worked.
Express orders, i.e. orders to be completed within 24 hours, are subject to a price surcharge of 50 to 100% by prior agreement.
Weekend and public holiday orders to be processed exclusively over the weekend or on public holidays will be completed accordingly with a reasonable surcharge.
The client will be invoiced for services rendered. Payment is due within 30 days net of the invoice date.
comtexto only sends invoices by e-mail in PDF format.
In the event of late payment, comtexto is entitled to charge interest on arrears of 5% per annum.
The client guarantees that all the information provided is correct and complete. comtexto accepts no responsibility for errors or ambiguities in the source text provided by the client that could affect the quality of the texts delivered.
comtexto shall only be liable for errors that directly affect the object of the order and are attributable to proven intent or gross negligence. In such cases, comtexto shall provide compensation in kind up to a maximum of the order value. Liability in excess of the order value is excluded.
The texts supplied by comtexto are not approved for printing. comtexto accepts no liability for errors that are discovered after printing.
comtexto accepts no liability for the correctness of the content or the legal conformity of the translated text and excludes the verification of such aspects.
comtexto does not guarantee that the texts delivered are authorised and suitable for the intended purpose of the client. This applies in particular if the text supplied is published or used for advertising purposes. The legal risk with regard to the usability or publication of a text lies exclusively with the client.
comtexto assumes no liability for service failures or delays due to force majeure or unforeseeable, temporary obstacles to performance for which comtexto is not responsible. This includes in particular the failure of communication networks and gateways of other operators.
The client guarantees that the text to be translated does not infringe any copyrights or other third-party rights. Should a claim nevertheless be made against comtexto for infringement of such rights, the client agrees to indemnify comtexto.
comtexto is committed to maintaining the confidentiality of the texts transmitted in accordance with the current state of the art. However, due to electronic data communication, comtexto cannot guarantee 100% confidentiality.
The use of the SSL-protected order portal is recommended to ensure the secure transmission of the documents to be processed.
The confidentiality, integrity and availability of documents cannot be fully guaranteed if alternative methods of electronic document transmission are used (e.g. e-mail).
comtexto accepts no liability in connection with the unprotected transmission of documents.
The current Data Protection Statement of comtexto shall apply.
If any individual provisions of these General Terms and Conditions should be or become invalid, this shall not affect the validity of the remaining provisions.
Place of jurisdiction
All disputes arising from or in connection with these General Terms and Conditions shall be settled by the ordinary courts at the registered office of comtexto.
These General Terms and Conditions shall be governed exclusively by Swiss law. The exclusive place of jurisdiction is Zurich, Switzerland.