GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (GTC) apply to all business transactions with our customers. The terms and conditions are recognized by the customer with the placing of the order and are valid for the entire duration of the business relationship, even if no reference is made to the acceptance of individual orders. They also apply to future business. The application of all other purchasing and delivery conditions by the customer is hereby expressly contradicted, unless we have explicitly recognized them in individual cases.
Orders of any kind must reveal the object of the transaction without any doubt. Verbal side agreements as well as changes of orders are valid only with our written confirmation. We are not liable for any delays or problems resulting from incorrect, incomplete, ambiguous and illegible information provided by the client, including those in the translation specifications.
Special provisions regarding language training
The contractual relationship begins with the registration of the participant and our acceptance. We reserve the right, in exceptional cases, to modify the content of the lesson as well as to postpone or cancel courses for organizational or similar reasons, without resulting in any claim for damages on the part of the client.
Special provisions regarding translation
The customer issues the translation orders in electronic or other form. In the interests of good cooperation, telephone or other informal orders are also accepted. However, any resulting problems are at the expense of the client. The customer informs us of the target language of the text as well as any special terminology requests. In addition, he has the opportunity to tell us the purpose of the translation. This is especially important if the translated text is to be published or printed. The customer can choose from several different data formats for the creation of the translation. We are not liable for delays or problems in performance resulting from an unclear, incorrect or incomplete order placement.
- Execution by third parties
We may use third parties to carry out all business, as far as we deem appropriate or necessary. We are liable only for a careful selection of our vicarious agents. The duty of care in the selection is in any case satisfied if, in our view, the appointed third party is a language trainer, translator or interpreter who has the necessary experience and / or qualifications for the respective language. Contact between the customer and a third party appointed by us is only permitted with our consent. Generally, the business relationship exists only between the customer and us.
- Services and prices
All offers and prices are non-binding. They can be adapted to the actual circumstances and the changed expenditure without separate communication. The prices are in Euros, if no other currency has been agreed. In the case of large orders, a down payment or a payment in instalments may be required in accordance with the teaching units or the quantity of text completed. All prices quoted in our offers are net prices without tax. Any published, non-binding price lists are subject to change without notice. Specially granted prices and conditions do not justify the assumption that these will remain unconfirmed in the future. Deviations from previously published prices, express surcharges or additional claims shall however be communicated to the customer at the latest together with the order confirmation. Shipping costs, postage and other incidental costs are not charged to the customer if they do not cause them and they remain within normal limits. Payment terms, discounts or other deductions are not granted unless expressly agreed.
Special provisions regarding language training
Unless otherwise stated in writing, the prices offered for language course services are prices per lesson (1 lesson = 45 minutes), per hour (60 minutes) or per course. There will be a minimum number of language course units. Preparation fees, course materials, exams, certifications and other additional services are billed separately according to effort or by agreement. Unless otherwise agreed, during language training outside of our offices, the time required by the language trainer to travel to the language course location and back is remunerated at cost or distance travelled. The office of the Lexis Languages agency is the place of departure and the end of travel, unless another place of departure and end of travel has been contractually agreed. Expenses incurred (travel, hotel and meals, etc.) shall be assumed by the client.
Special provisions regarding interpreting
The time taken by the interpreter to travel to the place of interpretation and return will be remunerated at the hourly rate charged for interpretation, in addition to interpretation and attendance. Expenses incurred (travel, hotel and meals, etc.) shall be borne by the client. The office of the Lexis Languages agency is the place of departure and the end of travel, unless another place of departure and end of travel has been contractually agreed. Unless otherwise agreed, overtime will be remunerated with a 30 percent price surcharge. Starting hours are given as full hours and days as full days.
Special features when translating
Unless otherwise stated in writing, the prices offered for translation services are to be understood as prices per word translated. A minimum rate of EUR 25.00 will be charged if the agreed price of the word multiplied by the word count does not exceed the minimum rate. Certifications, adaptations of foreign-language copywriting, website and software localization, copywriting, typesetting and printing, formatting and conversion, proofreading, express surcharges, the creation and extension of a terminology list or a glossary are billed separately according to effort or by agreement.
The services commissioned and accepted by us are executed by us according to the order and these GTC. We do not owe any performance beyond the order. If the order is cancelled, we are entitled to charge the customer cancellation fees up to one hundred percent of the agreed fee.
Special provisions regarding language training
Unless otherwise agreed, the customer agrees with us at least 20 lessons of 60 minutes each. A lesson consists of a minimum of 1 × 60 minutes. After expiry of the minimum contract periods, a notice period of 4 weeks applies. We reserve the right, in exceptional cases for operational reasons, to use another trainer during the course without deriving any reclaim or deduction from the advance payment of course fees for the client / participant.
Special features when translating
If no separate agreements have been made, we will create and deliver a translation. Certifications, publications, creating and adapting of foreign-language copywriting, website and software localization, copywriting, typesetting and printing, formatting and conversion, proofreading, rush orders, the creation, extension and use of a particular terminology or a glossary are to be specified on time when placing the order. We are not liable for inaccurate, incomplete or erroneous information or terms contained in the source texts, templates, information and word collections made available by the customer or errors in the formulation of the order. For rush orders, which make it necessary to split the service over several employees, no guarantee can be given for consistent terminology. Claims for damages and reductions of invoices are excluded. The creation or extension of a terminology or a glossary takes place only after explicit agreement. The prerequisite is that sufficient documents, such as terminology databases, pre-translations, word lists or glossaries, are made available when the order is placed.
Special feature of interpreting
In the case of interpreting orders, the customer undertakes to inform us in good time of the type of interpreting service to be provided (negotiation, simultaneous or consecutive interpreting etc.), the required interpretation and conference technology, the exact venue and date of the event and the contact persons. The customer further undertakes to provide us with appropriate training materials at an early stage, but at least two weeks before the start of the event. The suitable accommodation of interpreters in a nearby hotel, where required, is carried out by the client at their expense.
- Delivery times and partial deliveries
Delivery times are provided to the customer to the best of our knowledge and belief. They can only be expected delivery dates and are not binding commitments. The customer is obliged to accept any partial deliveries under the agreed conditions. All times are in Central European Time (CET).
Special provisions regarding translations
A delivery is deemed to have taken place when the translation has been made available to the customer.
- Disruption, force majeure, closure and restriction of operation, network and server errors, viruses
We are not liable for damages caused by disruption of our operation, in particular by force majeure, e.g. natural events and traffic disruptions, network and server errors, any other line and transmission disruptions and other obstacles we are not responsible for causing. The same applies to the absence of language trainers or interpreters. In such exceptional cases, we are entitled to withdraw from the contract in whole or in part. The same applies if, for an important reason, we wholly or partially suspend or restrict our operation, in particular our online service, for a certain period of time. We are also not liable for damage caused by viruses, trojans, autodialers, spam emails or similar data. Our IT systems are regularly checked for such viruses and data and secured by appropriate software. When delivering files by e-mail, dial-up (modem) or any other remote transmission, the customer is responsible for a final verification of the transferred files and texts. Claims for damages cannot be accepted.
- Acceptance of the service
The main duty of the customer is the acceptance of the service or delivery including partial deliveries. If the customer refuses to accept or rejects the order, he is in default of acceptance without further notice and is thus liable for all damages incurred.
- Complaints and liability
Complaints are accepted in commercial and non-commercial transactions only if they are made in writing immediately after transfer of the translation or after performance of the service with the exact description of the problem. In the case of justified, duly reported problems, we have the optional right, to repair or recreate the translation or the service at least twice. The customer remains obliged to accept the service and to pay the full amount.
Special provisions regarding language training
Complaints regarding language training provided by language trainers must be reported during a language course. They must be announced to us in writing as soon as possible in the course of the course, with a detailed description of the problem. Notice of problems after completion of a language course can no longer be accepted. For justified complaints, we have the right to change the teacher up to twice. The customer remains obliged to accept the service and to pay.
In the context of an event we are liable to the participants only insofar as damage is based on a grossly negligent or intentional breach of duty. The liability for simple negligence is excluded. We are also liable for the fault of our vicarious agents according to the provisions of this regulation.
The participant always uses our services at his own risk and assumes responsibility for his actions inside and outside the entire event and in the event rooms. We are not liable for personal injury or property damage that occurs in our offices. The course fees do not include insurance.
When teaching in our offices, we assume no liability for clothes and valuables brought. We are also not liable for children who are brought along or attend classes.
There is no liability for damages caused by force majeure, weather conditions, non-culpable loss of events, unforeseen delays, internal disturbances, strikes or sovereign measures.
Special provisions for translations
In the absence of specific agreements on the qualitative requirements for translation, or of the nature of the contract, no specific requirements are apparent, the contractor will make the translation of the text to the best of their knowledge and belief in full and in the spirit and grammatical correctness for the purpose of information. If the client raises no written objections without delay, but no later than within 5 days (receipt by us), the translation is considered approved. In this case, the client waives all claims that may be due to him due to possible problems of the translation. If the client complains about an objectively existing and non-subjective translation error within this 5-day deadline, this translation error must be described as accurately as possible and we must first be given the opportunity to rectify the mistake. This also applies to rush orders with a very short delivery time. If a repair is demonstrably unsuccessful, the client has the right to reduction. Further claims, including claims for damages due to non-performance, are excluded. Liability shall in each case be limited in amount to the value of the translation concerned. In each case, we are liable only for gross negligence and intent; liability for slight negligence only occurs in the event of breach of essential contractual obligations. A recourse liability for claims for damages of third parties is expressly excluded. We are not liable for translation errors caused by the client by incorrect, incomplete or information not provided on time or documents or by incorrect or illegible (even partial) source texts. If the customer does not indicate the purpose of the translation, especially if it is to be published or used for advertising purposes, he cannot claim compensation for the damage caused by the text proving to be unsuitable for the purpose or due to in the event of a poor adaptation, the publication or advertisement, or reputational damage or a loss of image for the company. If the customer does not indicate that the translation is intended for printing or if he does not send us a proof copy before printing and prints without our approval, then any problem is wholly at his own expense. If we are claimed for a copyright infringement due to a translation, or if third-party claims are asserted, the client releases us in full from the liability. For materials provided by the purchaser, order components, given property assurances, shipping instructions, processing instructions and the like, we assume no liability, unless expressly deviating written agreements have been made. We are not obliged to check these in accordance with the product liability law and / or the German Civil Code in accordance with legal standards. In these cases, the purchaser is fully liable and indemnifies us in full from all third-party claims already at the time of the claim.
- Delivery delay, withdrawal
The customer is only entitled to withdraw from the contract in the event of default for which we are responsible if the delivery period has been exceeded by us for an unreasonably long time and has set us a reasonable grace period in writing.
Special provisions for lessons
The participant is invited to attend classes regularly.
For weekly corporate training and private lessons, we allow the possibility to postpone lessons free of charge, provided that the cancellation at least 24 hours prior to the next working day.
For open courses and for bookings of whole or multi-day seminars, the following regulations apply:
The booking of open courses is binding. In the event of withdrawal from the contract, we reserve the right to charge an expense allowance as follows:
- in the event of withdrawal from the contract up to 4 weeks before the start of the course, we will charge you an expense allowance of 25% of the total course fee. For participant cancellations within 4 weeks of the course, we charge the full course fee. The reimbursement of course fees due to missing or premature termination of participation is excluded.
- The booking of company-specific courses is binding. In the event of cancellation of the client within 4 to 2 weeks before the start of the course, 50% of the agreed fee will be charged. In case of cancellation of the client up to 2 weeks before the beginning of the course, 75% of the agreed fee will be charged. After that, the full invoice amount will be due.
We are entitled to cancel an event for important or operational reasons. This also applies if the execution of the event would be impossible or only possible with disproportionate effort. Reasons are, for example, a too low number of participants (according to the course description), the absence of the language trainer (s) and the reasons listed under § 6. Further claims are excluded unless the damage was caused deliberately or through gross negligence.
The cessation of rights under a contract by the customer requires our written consent.
- Terms of payment
Unless otherwise defined, our invoices are payable immediately upon receipt and no later than 14 days. If the payment term is exceeded, bank-standard interest will be charged.
- Retention of title
The delivered translation remains our property until paid for, or until complete processing of all claims has been made. Until then, the client has no right of use.
- Dispatch, transfer
The dispatch or the electronic transmission takes place at the customer’s risk. We are not liable for a faulty or harmful transmission of the texts or for their loss, as well as their damage or loss by non-electronic transport.
All texts are treated confidentially and we undertake to keep all facts confidential that become known to us in connection with our work for the client. In view of the electronic transmission of texts and data as well as any other communication in electronic form between the customer, us and possible vicarious agents, we cannot guarantee absolute protection of company and information secrets and other confidential data and information, since it cannot be ruled out that unauthorized third parties access the transmitted texts electronically.
- Applicable law and Jurisdiction
The contractual relationship and further business relations between us and the customer are exclusively subject to German law to the exclusion of international sales law. As far as permissible, the competent district court of the respectively appointed Lexis Languages office shall be the exclusive place of jurisdiction for both parties for all disputes.
As a result of initial or subsequent ineffectiveness of one or more provisions of the General Terms and Conditions, the validity of the remaining ones shall not be affected. It then applies to the legal and economic purpose at the next coming valid provision as agreed.