The foundation of a partnership-based business relationship is built on cooperation and mutual trust. In order to guarantee this, some aspects of the way we conduct our business are set out differently from or in addition to the applicable laws.

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Provider:

Sonja Voelker, Freelancer Copywriter, Content Creator & Translator

https://worldofword.org

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1. Subjects of contract

• Translations and proofreading

• Website content

• Marketing content

• Design and photo editing

 

2. Scope of application

These terms and conditions are an integral part of all offers and agreements in current and future business relations concerning differentiated services of the contractor Sonja Voelker on the website worldofword.org. Discrepancies are only binding if they have been confirmed by the contractor.

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By using the website and the contractor’s services, the client explicitly acknowledges that they have read and understood the content of these terms and conditions.

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3. Order placement

The order is preceded by an offer from the contractor based on an inquiry. Confirmation of receipt of the order does not constitute acceptance of the order. The agreement of a service comes into effect through the acceptance of the order by the contractor. When the client places an order for a service, the order is binding.

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1. Request for an offer/free kick-off meeting by the client

2. Submission of all requirements by the client

3. Feedback from the contractor

4. Agreement on individual arrangements, e.g. deadline for the first draft, deadline for the final version, etc.

5. Completion of the order by the contractor

6. Delivery of the final product by the contractor

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3.1 Feedback Requirements

If the client has any feedback on the delivered results, they are required to provide this feedback within 10 business days in written form after receiving the first draft. After that period, the contractor is not required to adjust the draft anymore and can mark the order as completed and send an invoice for the delivered services.

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4. Cancellation policy

The client is entitled to a cancellation right within the terms of § 355 of the German Civil Code (BGB) when there is an agreement for the provision of services, i.e. when a contract is drawn up using means of communication such as letters, telephone, emails, etc. The cancellation does not have to state reasons. The deadline for a cancellation notice is determined individually with the client, due to the different services. It depends on the duration of the processing time of the service and amounts to 1/3 of the agreed processing time.

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Example:

• Order placement on the 10th of October, 

• Set completion date: 19th of October,

• Processing time: 9 days,

• Possible cancellation free of charge: until 13th of October

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5. Scope of the services/Limits of liability

The provider of the services shall fulfil all tasks assigned to her best knowledge and in accordance with the principles of economic efficiency. However, she does not owe any success. The contractor shall not be liable for the service to meet the desired purpose of the client. The client shall provide the contractor with the required documents with all necessary background information and with notification of the purpose of use (customer information, advertising, blog post, eBook etc.) in the indicated file format at the same time as the requirements for the service.

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The contractor has the right to subcontract the order to qualified subcontractors. In this case, however, the contractor remains the contractual partner of the client with sole responsibility towards the client.

 

The completed order shall be delivered by the contractor in electronic form in a single copy, unless otherwise agreed.

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6. Pricing and ancillary conditions for invoicing

The prices for the individual services shall be determined in accordance with the rates (price lists) of the contractor applicable to the type of service to be provided. The bases agreed in each case (e.g. target text/ source text, hourly rate, number of pages, number of lines, number of words) shall apply as the basis for calculation. A cost estimate shall only be considered binding if it has been prepared after the order has been submitted. Should costs increase by more than 15 % after the order has been placed, the contractor shall inform the client immediately. Reasonable surcharges may be applied for changes to the order, for express deliveries or weekend jobs, which shall be agreed accordingly.

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7. Payments and conditions

Payment for the completed service is due within 10 working days after the invoice has been delivered. Accepted payment methods: via bank transfer or PayPal as indicated on the invoice.

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8. Delivery disruptions and delays

Claims for damages due to delayed delivery are excluded as soon as they are not based on intentional or negligent breaches of duty on the part of the contractor. The occurrence of force majeure which significantly impairs the contractor's ability to complete the order as agreed shall release the contractor from the obligation to deliver for the duration of the disruption and to the extent of its effect, unless the contractor is responsible for the disruption.

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Force majeure (operational disruptions, traffic disruptions, occurrence of unforeseeable events) entitles both the contractor and the client to withdraw from the contract. In the event of force majeure, the immediate mutual information of both business partners is required.

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9. Delivery date

The delivery date shall be agreed individually between the contractor and the client. If the delivery date cannot be met, the contractor shall inform the client immediately. The precondition for compliance with the delivery date is the simultaneous receipt of all documents or background information to be provided by the client with the order.

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If the client does not fulfill this obligation, the delivery deadline shall be extended accordingly by the period of the delayed time that the necessary documents were provided to the contractor.

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In the case of a transaction for delivery by a fixed date, it is the responsibility of the contractor to assess whether the agreed delivery date can be met even if the client is late in handing over documents. If this results in additional charges for express deliveries and weekend work, the client shall be informed of this immediately.

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If the agreed service is not performed for reasons for which the client is responsible, e.g. because the client does not provide the documents to the contractor or does not provide them on time or violates its duty to cooperate, the contractor shall be entitled to a cancellation fee in the amount of 50 % of the order value of the agreed service.

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10. Liability for deficiencies (warranty)

The client shall grant the contractor a reasonable period of time and the opportunity to correct errors and to improve the contractor's service. If the defects are eliminated by the contractor within a reasonable period of time, the client has no right to claim a price reduction.

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If the contractor fails to eliminate the defects within the reasonable period of time, the client may withdraw from the contract or demand a discount (price reduction). In the case of minor defects, however, there is no right to withdraw from the contract.

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For source texts provided by the client, the contractor shall be liable as a safe keeper within the meaning of the German Civil Code for a period of four weeks after completion of the order, insofar as these are not returned to the client with the delivery. There shall be no obligation to have an insurance policy.

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The transmission of target texts by means of data transfer (such as e-mail, modem, etc.) shall be carried out by the contractor in accordance with the current state-of-the-art. Due to the technical circumstances, however, no guarantee or liability shall be borne by the contractor for defects and impairments arising in this process (such as breach of confidentiality obligations, damage to files, etc.), unless there is evidence of serious negligence on the part of the contractor.

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Translation memories and terminology databases provided by the client shall remain the property of the client, unless otherwise agreed.

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Once the client has accepted the final version, the contractor is no longer responsible or liable for defects or errors in the content. The contents are prepared to the best of the Contractor's knowledge and belief, but the contractor is not responsible for the contents.

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11. Copyrights

The contractor is not obliged to check whether the client is entitled to commission the service. The client expressly warrants that it has all the necessary rights to execute the order.

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The client is obliged to indemnify and hold the contractor harmless against all claims made by third parties arising from infringements of copyrights, ancillary copyrights, other industrial property rights or personal protection rights.

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12. Conflict resolution

An informal conflict resolution shall prevail. The client agrees to participate in an informal dispute resolution leading to an agreement between the client and the contractor.

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13. Miscellaneous

13.1 No person other than the client shall have any rights arising from this contract. The client may not assign any rights arising from this contract to third parties without the prior consent of the contractor. The contractor may, at its sole discretion, assign its rights and obligations arising from this contract in whole or in part to third parties.

 

13.2 If any part of this contract is determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, that part shall be severed from the remainder of the contract, which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

13.3 By using the service or accessing the website or the service, the client or customer hereby acknowledges that they have read and understood this agreement and agree to be bound by its terms.

 

13.4 Any changes to this notice will be posted on the website. In the event of material changes, we may notify you by email or by such other means as we consider appropriate in each case.

 

13.5 If these T&Cs are translated into other languages and there are differences between the German version and any such translations, the German version shall be definitive unless otherwise stated.

 

Greifswald, 19th of March 2023