General Terms and Conditions
Unless otherwise agreed in writing in an individual contract between the Parties, the contract will be governed by the following General Terms and Conditions:
Quotes are always sent to the customer in writing and only after presentation of the text to be processed. These quotes contain indicative prices for the known volume at the time of the quote. The fee which is actually invoiced is based on the actual volume of the assignment and may therefore differ from the indicative price quoted.
A translation order is validated following an explicit order confirmation. Acceptance can be informal. Additional agreements must be made in writing.
The delivery date is either specified in the quotation or determined in writing between the Parties when the order is placed. In the case of particularly urgent orders, an express surcharge can be agreed with the customer prior to placing the order.
All translations are carried out in the best possible manner using the generally accepted specialist terminology. Unless specific written reference is made to special stylistic conventions or unless special documents are supplied, we use the generally accepted versions for the translation of texts and specialist terms. comtexto is entitled to call on competent third parties (auxiliary persons) for the provision of the commissioned service.
The remuneration for each translation is based on comtexto’s price list valid on the date of the order. Prices are exclusive of statutory value added tax. Surcharges may be invoiced depending on the degree of difficulty of the text to be translated as well as any layout work involved in the translation. Surcharges are specified in the price list provided by comtexto. Translation fees are calculated per line. The number of lines is determined in the target language of the translation and can only be ascertained with binding effect following completion of the translation. A standard line consists of 52 characters including spaces. The number of lines is calculated using a counting program. Subsequent requests for changes which are not due to an error on the part of comtexto will be invoiced separately. The relevant charges are based on the rate per hour or line determined in accordance with the price list. For express orders, i.e. orders that must be completed within 24 hours, a surcharge of between 50% and 100% will be charged following consultation with the client. Weekend and public holiday orders which are processed exclusively during a weekend or public holiday will be executed accordingly in exchange for an appropriate surcharge. For small orders under 20 lines, a minimum fee will be charged according to the price list. A specific fee may be agreed upon in individual cases. After completion, the translation is sent to the client by the agreed means (e-mail, post, courier service). The shipping risk is borne by the customer. Delivery is free of charge (except express delivery and courier services).
An invoice will be issued to the client for services rendered. Payment is due within 14 days of the invoice date. Discounts are not permitted unless otherwise agreed in writing. In the case of large orders, advance payments can be agreed upon which become due at agreed intervals after delivery of the services rendered. The further processing of the order is dependent on the settlement of the instalment due. In the event of payment after the due date, comtexto is entitled to charge default interest of 8%.
Proofreading of translations carried out by third parties will be charged according to time spent (rate per hour). Corresponding surcharges will be charged for rush orders.
Complaints regarding comtexto’s services will only be considered if they are submitted to comtexto in writing within thirty (30) days of delivery of the translation. In justified cases, comtexto will adapt the translation free of charge or carry out a new translation if necessary. Subject to statutory liability for gross negligence or unlawful intent, comtexto’s liability for further claims by the customer is expressly excluded.
Rights of third parties
The customer guarantees that the text to be translated does not infringe any copyrights or other rights of third parties. Should comtexto nevertheless be held liable for the violation of such rights, the customer shall indemnify comtexto.
comtexto ensures the customer that data and documents will be kept confidential within the meaning of the applicable data protection legislation.
Should individual provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the remaining provisions.
All disputes arising from or in connection with these General Terms and Conditions will be settled by the ordinary courts at comtexto’s place of business.
This contract shall be governed solely by Swiss law.