| The following General Terms and Conditions shall apply to all orders placed with the Translators Group of Companies TranScript Ltd. or AAC-Multimedia Translations Ltd. (hereinafter “Language Service Provider” or “LSP”) and its customers, unless otherwise expressly agreed in writing or legally prescribed. |
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| I. |
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Scope and performance of the order |
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The scope of the services to be rendered by the LSP shall follow from the order as placed. |
| 2 |
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The order shall be completed in accordance with the principles of normal professional practice. |
| 3 |
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Orders placed via e-mail shall be deemed as orders placed in writing. The LSP must be notified of the customer’s name and address and the invoice recipient by way of e-mail, letter or fax. |
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| II. |
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Secrecy clause |
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The LSP shall be bound to observe absolute secrecy with respect to all facts that become known to it in connection with the performance of the order unless relieved of this obligation by the customer. This obligation of secrecy shall remain in effect beyond the lapse of the contractual relationship. The customer may at any time request that the LSP sign a non-disclosure agreement. This obligation to maintain secrecy shall be understood to be equivalent to that observed by a fiduciary or lawyer. |
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| III. |
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Involvement of third parties |
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The LSP shall, in the performance of the order, be entitled to enlist the assistance of colleagues, expert third parties, as well as contractually-bound freelance translators. |
| 2 |
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These third parties shall likewise be bound by the obligation to maintain secrecy. |
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| IV. |
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Rectification of errors |
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The customer shall be entitled to require the rectification of any errors that may occur. The LSP, TranScript Ltd. or its affiliated company AAC-Multimedia Translations Ltd., is to be given an opportunity to revise the text within a maximum of 5 days. Complaints that are lodged after 5 days will not be entertained, or only in exceptional cases. The LSP will accept no liability for corrections made by the customer. The style of a translated text is always individual and a matter of subjective judgment. Criticism of the style used in a translation shall not constitute an error; in such cases, the customer shall not be entitled to rectification. |
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| V. |
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Liability |
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The LSP accepts general liability for exercising the same care as an employee in an employer-employee relationship (art. 398(1) CO). In Switzerland, it is not possible to obtain third-party liability insurance to cover services like translations. As a consequence, the customer shall bear the risk associated with all translation work. |
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| VI. |
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Obligations of the customer |
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The customer is obliged to co-operate to the extent necessary for the proper performance of the order. In particular, the customer shall make available to the LSP all documents required for the execution of the order in such good time, and without being requested to this effect, so as to ensure that the LSP has sufficient time to complete the translation. Any internal glossaries or terminology are to be furnished to the LSP. The same shall apply to instructions concerning all procedures and circumstances that may be significant for the completion of the order. |
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The customer shall refrain from any acts that might impinge upon the LSP’s independence. |
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| VII. |
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Calculation of remuneration |
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The price for sizeable translation orders shall be individually agreed upon. In such cases, the LSP will prepare a quotation free of charge. |
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In the absence of any such agreement, the price list as amended shall apply. |
| 3 |
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Invoiced amounts may deviate from quotations by 15% at maximum. |
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| VIII. |
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Annual-turnover bonuses |
| 1 |
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Annual-turnover bonuses shall lapse if not redeemed within 2 years at the latest or upon change of company ownership. Exceptions may be granted provided that appropriate requests are submitted to TranScript Ltd. or AAC-Multimedia Translations Ltd. one month before the expiry of the 2-year term or before the final completion of change of ownership. |
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Annual-turnover bonuses cannot be redeemed in cash. |
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| IX. |
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Termination of contract |
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The contract shall terminate upon fulfilment of the agreed services, expiry of the agreed term or revocation. |
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A contract concluded for an indefinite period may be revoked at any time; revocation shall be effected in writing. Untimely revocation shall render the revoking party liable to the payment of compensation. |
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In the event that the LSP should revoke the contract, all reasonable action that cannot be delayed shall be taken so as to avoid damage or loss to the customer. |
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| X. |
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Archival of the resulting work and files |
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The LSP will keep the translations on file for two years upon completion of the order. |
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| XI. |
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Applicable law |
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All orders and these Terms and Conditions shall be governed and interpreted exclusively in accordance with the laws of Switzerland. |
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| XII. |
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Venue |
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The competent courts at the LSP’s registered office (Zurich for TranScript Ltd. and Zug for AAC-Multimedia Translations Ltd.) shall have jurisdiction with regard to any and all disputes arising from or in connection with orders and these Terms and Conditions. |
