The contractual relationship
between Mixxedaccent and its clients are subject
to the following General Business Terms:
Mixxedaccent operates a translation,
interpreting, proofreading, and subtitling service - all of which
are referred to as translation. The translations are carried out
either by Andrea Pate-Cazal, or by independent translators who,
after a verification of their qualifications, are given access to
the texts of Mixxedaccent.
Data protection
All translation orders are treated with absolute confidentiality.
If the client so desires, a separate confidentiality agreement can
be drawn up.
It is not possible to guarantee 100% confidentiality in the course
of electronic communication between the client, Mixxedaccent
and the translator.
If translation material is transmitted by post or other authorized
means, the client bear the risk of any accidental loss, accidental
damage or late delivery after the translation has been handed in
at the Post Office or the dispatch service provider. Mixxedaccent
may not be held liable for any damage of any nature beyond what
is covered by the Post Office or the dispatch service provider.
Insofar as the client does not expressly state otherwise at the
time of contract, Mixxedaccent reserves the right
to retain a copy of each translation for a certain period of time.
Contract
A contract with Mixxedaccent is considered concluded
when the client has transmitted the order by electronic mail, or
a signed purchase order by fax and this order has been confirmed,
by email/fax, by Mixxedaccent.
Data
The source material must be legible and must be transmitted to Mixxedaccent
on time and in the format stated. Mixxedaccent
may not be held responsible for any delay in delivery of a translation
that results from the late delivery of the source material or delivery
in a different format.
Changes or additions to the source material must be transmitted
to Mixxedaccent with the changes relative to the
original version clearly marked.
Fees and delivery
The client may change a text already being worked on and submit
additional source material (author's corrections). The fees for
this and the ensuing delivery times will be determined according
to the number of changes and percentage of the total text already
translated. Mixxedaccent will give an estimate
of the additional costs before the changes or additions are carried
out.
Unless a fixed fee has been agreed in advance, the charge for corrections,
subsequent text design, use of graphs and illustrations, text assembly,
the production of printer's copies or html documents and such like,
will be on the basis of the actual time spent on the task.
Unless agreed otherwise, the translation fee is based on the number
of words. As a rule this is the word count of the source text. In
exceptional cases, it can be the word count of the target text.
The price per word will be determined after review of the source
text and is part of this agreement.
The minimum charge for a translation is USD 35.
Payments
Mixxedaccent submits an invoice immediately after
the translation has been completed. The client will receive the
invoice by e-mail. Unless otherwise agreed, payment is due within
30 days and without any deductions. Depending what has been agreed,
payment is by check or transfer to the bank account, or using the
Moneybookers-Service.
Payments from foreign countries must be free of costs. All bank
charges are to be paid by the client.
If a client cancels the order without any legal or contractual right,
the parts of the order which have already been translated are placed
at his disposal and are charged. Mixxedaccent reserves
the right to subsequent claims for compensation.
If a client is late in paying, Mixxedaccent reserves
the right to charge interest.
Terminology
Each translation is made in accordance with the valid and generally
accepted rules of spelling, grammar and language use of the target
language.
When translating technical or specialist texts, Mixxedaccent
uses the terms that are in current use and according to their commonly
accepted meaning. If the client wishes certain terms or forms of
language to be used that deviate from the generally recognized rules,
he must inform Mixxedaccent and provide the relevant
instructions (text examples, parallel texts, glossaries and such
like). The use of a certain specific terminology must be expressly
agreed in advance and stated when the order is placed. The client
agrees to provide consultation at the request of the translator.
Quality
Mixxedaccent guarantees that the translations are
without mistakes, minor errors excluded. Mixxedaccent
also guarantees that the translation is carried out in full, without
abridgements or additions. The translation is checked by Mixxedaccent
for completeness, data format and for immediately recognizable deficiencies.
It is then sent to the client.
The time of delivery of the translation is the day of dispatch by
Mixxedaccent i.e. the time stamp of the e-mail/FTP
server. If the client does not object within 14 days - starting
on the day following the day of dispatch (see above) - the translation
is considered to have been accepted. On acceptance, the client waives
the right to any claim he might have on the grounds of defects.
If the client objects within the given 14 days on the grounds of
an objectively existing defect, that is not a minor defect, this
defect must be described in writing as precisely as possible. At
the same time the client must state a deadline for Mixxedaccent
to remedy the defect.
As long as Mixxedaccent considers the deadline
reasonable, the defect will be remedied within that time span. Otherwise
this will be done within a reasonable time period. If this correction
is insufficient the first time, Mixxedaccent reserves
the right to remedy the translation a second time - again on the
basis of a detailed description of the defects by the client. If
this second remedy fails, the client may choose between a reduction
of the agreed fee and the cancellation of the order. If the client
chooses the latter, all rights to the translation will be the property
of Mixxedaccent.
The client has further rights on the basis of translation defects
only when Mixxedaccent, one of its legal representatives,
or one of its vicarious agents has acted maliciously or with gross
negligence.
Liability
All claims to liability and compensation are limited to the order
value.
In the case that Mixxedaccent, after accepting
the order, is unable to fulfill the order within the agreed time
for a good reason (e.g. illness of the translator or difficulties
of a technical nature), Mixxedaccent will inform
the client of this fact immediately.
Jurisdiction
San Diego, California, is the exclusive place of jurisdiction for
contracts with general merchants, legal persons, public corporations
and public common funds.
Content of the online offer
The author is in no way liable for the current relevance, correctness,
completeness or quality of the information given.
Unless it is proven that the author has acted maliciously or with
gross negligence, there may be no liability claims against the author
relating to damages, of a tangible or intangible nature, caused
by the use or non-use of the information offered, or by the use
of incorrect or incomplete information.
All offers are without obligation and non binding. The author expressly
reserves the right to change, complete or remove part of the web
pages or the entire offer.
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