Legal
Owner/Manager: |
Mr. Kamel Ajami |
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Company address: |
Mr. Kamel Ajami
Oppenhoffallee 17
52066 Aachen
Germany |
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VAT no.: |
DE 278865119 |
Tax no.: |
201/5003/5331 |
Registration: |
Aachen, Germany |
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Email:: |
info@significant-translations.com |
Phone: |
0049-241 4120 3683 |
Fax: |
0049-241 5600 4657 |
Online content
Significant Translations assumes no liability for the up-to-dateness, correctness, completeness or quality of the information provided on this website. Liability claims against Significant Translations, regarding direct and indirect damages, caused by use or non-use of the presented content or by the use or non-use of incorrect or incomplete information are ruled out, in so far as there is no demonstrably deliberate or grossly negligent fault on the part of Significant Translations.
All content is subject to change and is non-binding. We expressly reserve the right to alter, extend, or delete parts of the website or the entire online presence without special notice or to cease publication temporarily or permanently.
References and Links
Significant Translations assumes no responsibility for the content of third party websites which are referred to by direct or indirect links. Significant Translations has no power of influence whatsoever on the current and future design or the contents of any links or associated pages. Therefore we expressly disassociate ourselves from the entire content of any links or associated pages. For illegal, misleading or incomplete content and particularly damages which result from the use or non-use of online information in such form, shall be solely borne by the website provider to which reference is made, not the website provider who merely refers to the respective publication via links.
Copyright
In all our publications we endeavor to observe the copyright of images, sounds, video sequences and texts and to use images, sounds, video sequences and texts produced by us or to make use of non-licensed graphics, sound documents, video sequences and texts.
All brands and trademarks named within the online presence and, if applicable, protected by third parties are, without restriction, subject to the regulations of the respective copyright of the registered owner. No conclusion can be drawn on the basis of naming a trademark, that trademarks are not protected by the rights of a third party.
We reserve the sole copyright for online material created by us. The duplication or use of such material (including images, sound documents, video sequences and texts) in other electronic or printed publications is not permitted without our express agreement.
Legal validity of the disclaimer
This disclaimer shall be regarded as a part of the Significant Translations website. Should sections or individual terms of this disclaimer not, no longer, or not completely correspond to the applicable legal situation, other parts of the document shall remain unaffected in their content and validity.
Data protection
In making use of this website, the user acknowledges, in accordance with the German Federal Data Protection Act: Section 33, Paragraph 1, that Significant Translations, subject to the current legal regulations, may collect, handle, process and impart the personal data of the user to third parties, only to the extent that this is permitted by law for the grounding of the contractual relationship and the lawful execution of the necessary services and billing.
If you have supplied us with personal data, you are able to request that this data be deleted at any time. To this end simply send an email to info@significant-translations.com. Data legally required for invoicing or bookkeeping purposes is exempt from deletion.
Cookies
This website makes use of cookies in the context of data collection, processing and use of data. With cookies, a data record is generated by our web server and sent to the computer which is currently communicating with our web server i.e. that of the user. The data record is then filed in the cookie folder of the web browser. Cookies make it easier to determine the frequency of use and the number of users for the website. Online users can customize their web browser so that all cookies are allowed or rejected, or that a notification message is displayed when a cookie is created.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
You may refuse the placement of Google Analytics cookies by selecting the appropriate settings on your browser. In doing this, you will safeguard your right to disagree with any future collection, processing and use of data by Google Analytics. For this purpose, you may install the Google Analytics deactivating add-on for browsers to prevent Google Analytics from storing any information on web sites you visited.
General Terms and Conditions
For Significant Translations, represented by Kamel Ajami, Oppenhoffallee 17, 52066 Aachen, Germany, hereafter referred to as "Significant Translations"
- General information
Significant Translations offers its customers the opportunity to have texts and other documents translated for a fee. The translations are carried out by Significant Translations or contracted translators. The customer is the contractual party of Significant Translations only, not the translator, who may be contracted by Significant Translations.
- Contract Formation
These General Terms and Conditions (hereinafter "Terms and Conditions") apply to any Order placed with Significant Translations by the party (hereinafter "the Buyer"), purchasing products and services ("the Order") from Significant Translations and supersede any terms and conditions referred to, offered or relied upon by the Buyer. Any service or product, including without limitation translation, localization, desktop publishing services (individually and collectively, "Service(s)") delivered by Significant Translations to the Buyer shall be conclusively deemed to have been made subject to these Terms and Conditions. Acceptance of these Terms and Conditions by the Buyer for one Order is deemed acceptance of these Terms and Conditions for any additional or future order.
- Scope of services
Significant Translations agrees to translate, or have the text(s) supplied by the customer translated, into the requested language(s) by a contracted translator in an appropriate and professional manner.
- Quotes, order confirmation, cancellation
4.1 Quotes
Unless expressly stated otherwise, a per-word price quoted by Significant Translations refers to the price of each original word in the source language. Verbal quotations are given for guidance only and are not binding. Significant Translations may revoke quoted prices or terms of delivery if there was no opportunity to view the entire text to be translated prior to issuing the quote or if the order has not been placed on the basis of the quote within four weeks of the quote's issue. The Buyer´s oral or written acceptance of the quote or estimate submitted by Significant Translations or, if no quotation was submitted, the written order confirmation by Significant Translations of an Order placed by the Buyer shall constitute a contract. These Terms and Conditions shall govern any such contract.
4.2 Responsible Party.
At all times Significant Translations will consider the party placing the Order at Significant Translations the party responsible and liable for the performance and payment of the Buyer's obligation under such an Order.
4.3 Delivery Date.
Any delivery dates provided are provisional. Delivery dates stated or otherwise confirmed by Significant Translations, either in writing or orally, are bona fide approximations but Significant Translations cannot guarantee the same and no liability shall attach to Significant Translations in the event of a delayed delivery. Delayed delivery shall in no circumstances amount to or be deemed to be a breach or repudiation of the contract.
4.4. Cancellation
The customer may cancel the Order only up until the point prior to the commencement of the translation.
If an Order is cancelled the customer is obligated to compensate Significant Translations for the costs of the completed portion of the Order at that time.
In any case Significant Translation's cost reimbursement entitlement consists of at least 50% of the total Order value.
4.5 Carriers and Delivery.
Although Significant Translations will take reasonable care in the selection of its carriers, couriers or other means of delivery, including without limitation delivery by post, email, fax and internet, Significant Translations cannot be held liable for the loss of any document dispatched by Significant Translation or consequent loss or damage thereof. Delivery is deemed to have fulfilled upon the posting or delivery to a carrier or dispatch via electronic mail or other electronic means, and the risk shall pass to the Buyer.
4.6 Viruses.
The Buyer represents and warrants that any information, documentation, glossaries, style guides, specific terms or similar materials regarding the text, file, material, disc, tape, video, web page, software, data, graphics, table or audio, video, electronic, magnetic or other recording or other information in electronic form or otherwise provided by Buyer to Significant Translation (hereinafter "Source Material(s)") are free of any type of virus, worm, trojan horse or similar technological device or data (collectively, "Viruses") and that the Buyer has scanned such Source Material(s) for such Viruses prior to providing Significant Translations with this Source Material.
- Price and payment
5.1 Payment Terms.
Unless otherwise agreed, the Buyer shall pay to Significant Translations the total amount due without any discount, set-off or suspension as specified in Significant Translations' invoice upon placement of the Order, unless a business account has been established in which case payment is due within thirty (30) days from the date of invoice. Any reasonable doubt by Significant Translations concerning Buyer's ability to pay the full amount stated in the order confirmation entitles Significant Translations to require a security of payment or down payment from the Buyer that Significant Translations deems sufficient before performing its obligations according to the Order. All payments shall be made in EURO.
5.2 Unclear Documents
Significant Translations shall be entitled to decline to perform or cancel the Order or to raise the price stated in the order confirmation or quote, if it is forced to perform additional services or to incur costs not reasonably foreseeable at the time of the quote or Order placement, or as a result of having to work with very highly technical, difficult, ambiguous, unclear, inaccurate, defective or specialized Source Material(s).
5.3 Tax
The Buyer will be responsible for the payment of all tax (other than tax based on Significant Translations' revenue), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of such fees as a result of an Order placement. The Buyer will make all due payments to Significant Translation free and clear of, and without reduction for any tax.
5.4 Interest.
Any outstanding amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum permitted by applicable law, whichever is lower, from the due date until paid.
5.5 Ownership
Rights applicable to the translation and any other materials produced by Significant Translations (i.e. copyright, processing, servitude and intellectual property rights) are restricted from transfer to the Buyer until the Buyer has rendered payment in full to Significant Translations including without limitation late payment.
- Acceptance, Obligation to give notice of Defects and Correction
Obvious faults in the delivered translation or other materials noticed upon receipt, shall be reported immediately in writing and outlining the discrepancies (obligation to give notice of defects). Hidden discrepancies shall be reported immediately upon discovery. Any defects, obvious or hidden, shall be reported within 28 days following the delivery of the translation. Otherwise the translation shall be assumed contractually executed and acceptable.
If the translated text is not in accordance with the contractual agreement the customer shall allow an acceptable time frame for correction of a minimum of 14 days by Significant Translations. Corrections are excluded if the discrepancy has been caused by the customer, i.e. by incorrect or incomplete information or faulty original text.
Upon expiration of the agreed upon time frame the customer may request a termination of the contract or a reduction or compensation if the discrepancy has not been resolved in a timely manner. The entitlement excludes minor discrepancies that only insignificantly impact the quality of the translation.
- Warranty
The Buyer warrants that it owns or is licensee of the Source Material(s) and all parts thereof, and that translation of, or any other results of the services provided by Significant Translations in relation to these Source Material(s) and publication, distribution, sales or other use of materials delivered by Significant Translations shall not infringe upon or violate any Intellectual Property Right.
- Disclaimer of warranty
The services and products provided pursuant to the order confirmation and Terms and Conditions are provided to the Buyer "as is" and "as available" without any warranty of an kind. Unless otherwise agreed all services provided by Significant Translations are for information only and no guarantee is given as to their suitability for any particular purpose including without limitation publication or legal proceedings. Significant Translation will not be held liable for errors that result from the illegibility of any materials supplied by the Buyer. The customer exclusively bears all legal risks pertaining to the servitude or publication of the translated texts. Any certificate, declaration or affidavit - including without limitation a certificate of accuracy - that Significant Translations may supply to the Purchaser does not guarantee the accuracy of the translation, but solely that Significant Translations has employed a translator who has convinced Significant Translations of his translation experience and qualifications. In addition Significant Translation disclaims all other warranties, whether express, implied or statutory regarding the products and services, including without limitation any warranties of title, merchant liability, fitness for a particular purpose and non-infringement of third-party rights. Furthermore. Significant Translations does not warrant the accuracy, correctness, completeness, usability or appropriateness of any services provided pursuant to the particular Order. The Buyer acknowledges that it has not relied on any other warranties.
- Liability limitation
Significant Translations will not be liable for any consequential, indirect, exemplary, special or incidental damages in any event, including without limitation any lost data, lost revenue, lost profits, loss of documents, viruses or similar disruptive technological devices or data, whether in contract, tort or otherwise, arising from or relating to the particular Order or services provided. Significant Translations' total cumulative liability in connection with any Order and the services provided whether in contract, tort or otherwise will not exceed the amount of fees paid by the Buyer to Significant Translations pursuant to the Order. The Buyer acknowledges that the fees set forth in the Order reflect the allocation of risk set forth in such an Order and that Significant Translations would not agree to such an Order without these limitations on its liability.
Significant Translations may terminate the particular Order, in whole or in part, if the Buyer breaches or fails to comply with any of the Terms and Conditions. Without limitation of the foregoing, failure to provide Significant Translations with sufficient written assurance of future performance promptly upon reasonable request thereof, or bankruptcy or insolvency of the Buyer shall be sufficient cause for termination. In the event of such termination, Significant Translation shall not be liable for any damages, and the Buyer shall be liable to Significant Translations for any and all damages (including but not limited to indirect or consequential damages as well as any costs incurred in performing its obligations under the particular Order) sustained by reason of the default which gave rise to such cancellation.
- Indemnification
The Buyer agrees to defend, indemnify, and hold harmless Significant Translations, its owners, employees and representatives, from and against any and all claims, suits, judgments, actions proceedings, losses, damages, liabilities, costs and expenses (including, but not limited to, solicitor's fees) relating to, incidental to, or arising from (i) the Buyer's violation or breach of any covenants, representations and warranties made by it herein or (ii) the manufacture, advertisement, promotion, sale or distribution by the Buyer of any delivered materials provided by Significant Translations to the Buyer.
- Miscellaneous
11.1. Assignment
The Buyer may not assign or transfer, by operation of law or otherwise, any of its rights under this Order or delegate any of its duties under this Order to any third party without Significant Translations' prior written consent. Any assignment in violation of the foregoing shall be null and void.
11.2. Waivers
All waivers must be in writing. Any waiver or failure to enforce any provision of the Order on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
11.3. Salvatory Clause
If a provision of this agreement should be, or become invalid in part, or as a whole, the remaining provisions thereof shall not be affected. Moreover, a provision coming closest to the invalid provision, renders an equal economic result and would have been agreed upon if the parties were aware of the invalid provision shall take its place.
11.4. Governing Law; Jurisdiction
Any Order under these Terms and Conditions will be governed by the laws of the Federal Republic of Germany, without application of conflict of laws, of provisions that would require the application of the law of another state. The United Nations Convention on Contracts for the International Sale of Goods is not applicable. The Buyer acknowledges and agrees that any action or proceeding arising from or relating to this Order must be brought in a court of the Federal Republic of Germany in Aachen and the Buyer irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
11.5. Force Majeure
Any delay in performance or non-performance of any obligations and duties of Significant Translations will not be considered a breach of these Terms and Conditions if such delay or non-performance is caused by an event beyond Significant Translations' control.
11.6. Entire Agreement
The Order constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral.
11.7. Changes to the contract
Significant Translations may make changes to these Terms and Conditions at any time without notice to the Buyer. The Buyer may at any time request a copy of the then-current Terms and Conditions from Significant Translations.
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