§ 1 Data protection
termbench.com (a domain of FÜD GmbH and hereinafter referred to as FÜD) undertakes to treat all documents and information transmitted confidentially and to maintain secrecy to the best of its knowledge and belief about all facts and factual connections which become known in connection with business relations with our customers. Freelancers are bound to discretion. Our complete data protection declaration in accordance with the General Data Protection Regulation (EU-DSGVO) can be found here.
§ 2 Placing of orders
The orientation of the business structure of FÜD favours the placing of translation, editing or layout orders through an online procedure. For this purpose, a contact form has been created which can be filled out by the customer, specifying a more detailed description of the order (purpose of use, source language, target language, specific terminology requirements, number of words, etc.). All necessary additional information required to process the order (explanations, drawings, glossaries, templates) must be submitted by the client without being requested to do so. Errors, delays or quality impairments due to non-consideration of the aforementioned points, or due to inaccurate or incorrect information, shall be borne by the client.
§ 3 Execution of the order
FÜD shall be permitted to use third parties for the execution of the assigned tasks insofar as this appears expedient or relevant. However, the basic business relationship is exclusively between the client and FÜD and excludes direct contact between the client and third parties without the consent of the FÜD. The work of FÜD is mainly carried out by order-bound employees.
§ 3b.) Unless otherwise agreed, FÜD is permitted to include the client in the reference list after completed delivery. This includes the use of trademarks which are used for illustrative purposes only.
§ 4 Delivery
Delivery shall be deemed to have taken place as soon as the respective commissioned work has been dispatched to the Client. The delivery periods stated are approximate values and are to be regarded as expected dates, which are stated by FÜD to the best of its knowledge and belief. The FÜD shall not be liable for any additional expenses incurred by the client due to non-compliance with the stated deadlines.
The client shall be responsible for checking the completeness of the transmitted data. The latter shall be required to confirm receipt of the relevant material in writing. The dispatch of the work carried out shall be at the risk of the client. FÜD shall not be liable for any faulty, incomplete or damaged transmission of the material to be delivered, or for its loss, for example during electronic transport.
§ 5 Terms of payment
Invoices shall be issued electronically by email in PDF format, unless otherwise agreed in writing. A period of 10 days from the date of the invoice shall be set for full payment of an invoice amount, with the exception of first orders, for which an advance payment provision shall apply. Exceeding the payment deadline will result in interest and collection costs at the usual bank rates after the FÜD has issued a one-time reminder by e-mail, fax or post. Subsequent corrections shall not cause a deferral of payment.
§ 6 Pricing
All prices shown are net prices in € and subject to change. As our registered office is outside the EUs, we do not charge VAT there. The tax liability is regulated according to § 13b USTG in the reverse charge procedure.
§ 7 Retention of title & Right of use
Delivered translations or other commissioned work shall remain the property of FÜD only until payment has been made by the client (§ 5). To date, the copyright of the respective work lies with FÜD and there is no right of use. Reproductions of any kind of the delivered material shall result in licence fees in the event of payment arrears.
Upon settlement of an outstanding claim, the complete right of use and reproduction of a translated, proofread or edited text shall pass to the client. A copyright mention is also not obligatory.
§ 8 Liability
Unless further agreements have been made with regard to specific requirements of a translation or other work, it shall be prepared by the contractor to the best of his knowledge and belief, orthographically and grammatically correct, complete and meaningful for the purpose of information. The client has the right of written objection within 10 working days (receipt by us). If this option is not exercised, or if the aforementioned deadline is exceeded, the translation shall be deemed to have been approved, or the result of a commissioned work shall be deemed to have been accepted. In this case, the client waives all claims to which he would be entitled in the event of a defect. However, if an objectively recognisable and demonstrably significant defect is complained of, this must be described as precisely as possible in order to give the contractor the opportunity to rectify the defect. In the case of the correction of rush jobs (more than 10 standard pages/ 250 lines/ or 2500 words per working day), the Client must guarantee a reasonable period of time for rectification. If that correction is demonstrably unsuccessful, there is the possibility of a second and third revision. Should these attempts objectively fail, the client has the right to withdraw from the contract, reduce the invoice amount or rescind the contract. Claims for damages due to non-performance are excluded. Liability shall in any case be limited to the typically occurring, foreseeable damage and shall be limited to the amount of the order volume of the translation or the respective other work. The contractor shall only be liable in the event of intent and gross negligence.
FÜD shall not be liable for those translation errors or other specific defects which are due to incomplete, incorrect or illegible information provided by the client. This also includes defects which occur due to errors in electronic transmission or document format conversion. The important indication of the intended use for the translation order (advertising purposes, printing, publication, etc.) does not imply any liability for possible unsuitability of the translation or possible damage to the reputation of the company concerned. If FÜD is prosecuted for copyright infringement on the basis of a translation, the client shall release us from liability to the full extent.
§ 9 Withdrawal, termination, assignment, delay in delivery, impossibility
Until the completion of a translation or another order, a contract may only be terminated by the client by stating important reasons in writing. FÜD shall be entitled to damages in the amount of the full order value for lost profit. Withdrawal from the contract by the client in the event of a delay in performance or impossibility on the part of FÜD is only possible if the contractor's three attempts to remedy the situation have demonstrably failed and a reduction is excluded, as well as in the event of an unreasonable delay in delivery, after the client has failed to meet a reasonable grace period set in writing. The assignment of rights arising from a contract by the client requires our written consent.
§ 10 Force majeure and other disruptive factors
FÜD accepts no liability for damage caused by the disruption of business operations and force majeure such as natural events, transmission errors of electronically transmitted data, impairment of data by viruses or spam filters, network or server errors and other obstacles for which we are not responsible. In the aforementioned cases, as well as in the possible exceptional situation of a partial restriction or discontinuation of our business operations, we have the right to withdraw from concluded contracts in whole or in part.
§ 11 Scope
The listed GTC apply to all business transactions of FÜD, with headquarters in CH-6340 Baar, Rathausstrasse 14. The terms and conditions are accepted by customers by reading the website, placing an order or other business-related interactions and apply for the entire duration of the business relationship. Future business is thus included. The client's terms and conditions are only binding for FÜD if they have been expressly accepted.
Further agreements with our customers that deviate from the GTC are only valid if they have been legally signed by both parties. All other regulations shall continue to remain valid even then. Contractual relationships and other business connections between the FÜD and the customers shall be governed exclusively by the law of the company's location in Switzerland, to the exclusion of the International Sales Convention. For all disputes, the place of jurisdiction for both parties shall be Baar, Switzerland.
§ 12 Effectiveness
In the event of one or more provisions of the GTC being initially or subsequently invalid, the validity of the remaining provisions shall not be affected. A valid provision that comes closest to the economic and legal purpose shall then be deemed agreed.
This is a translation from German. In the event of legal disputes, the wording of the German version shall apply, which can be viewed here.