Max Grauert GmbH, Schloßstraße 7b, D-21465 Hamburg-Reinbek provides translation services under the name DialogTicket.com.
1. Scope of application
The following General Terms and Conditions regulate the business relationship between Max Grauert GmbH, Schloßstraße 7b, D-21465 Hamburg-Reinbek (hereinafter “we”) and the client. We operate solely on the basis of our General Terms and Conditions set out below. Our General Terms and Conditions can be viewed at www.dialogticket.com/en/general-terms-and-conditions and can be printed or saved to your computer. General Terms and Conditions which oppose or deviate from these are not applicable or deemed valid. On no account shall they become part of the agreement, even if we do not explicitly disconfirm them. The version available on our homepage at the time the order is placed is the valid and applicable version.
We provide a free support platform. The contractual relationships to the translators exist exclusively and without exception between ourselves and the translator.
3. References and Links
The hyperlinks on our webpages may lead to other webpages on the Internet. The following applies to all such links: We explicitly declare that we do not have any influence on the configuration or contents of these linked webpages. Therefore, we explicitly disassociate from the contents of webpages accessed through our website in any way, which may not reflect our own views and opinions. This declaration applies to all hyperlinks on the webpages, whether visible or concealed, and to the content of all webpages to which these hyperlinks lead.
4. Contract conclusion
a. The contract is deemed concluded when the client has confirmed the offer and our General Terms and Conditions.
b. The contract is between the client and Max Grauert GmbH, Schloßstraße 7b, D-21465 Reinbek. Max Grauert GmbH, Schloßstraße 7b, D-21465 Hamburg-Reinbek provides translation services under the name DialogTicket.com.
5. Payment terms
With the conclusion of the contract and/or issuing of the invoice in electronic or other form, payment of the stipulated fee is due without deduction immediately. We retain the right to demand written confirmation of the pre-payment of the amount agreed upon. This is mentioned in the offer or the offer letter and is due upon written order confirmation.
If the client wishes to offset a monetary claim, this is restricted to undisputed or legally binding claims. This also applies if the client makes a complaint or a counter-claim. However, the client can exercise a right of retention if his/her counter-claim is based on the same contract.
7. Acceptance and claims for damage
a. We are committed to providing professional and accurate translations without altering or shortening content in any way. Translations are carried out according to the sense of the text and to the quality standards generally accepted in the translation industry of each language. We may reject translations if the contents are illegal or if the text contains highly specific technical terminology.
b. The translations can be delivered by email or made available online. After completion, the client can download the translation from our server interface. We bear the risk of data loss for 14 days after the translation has been made available for download. The client must ensure that the translation is downloaded within these 14 days. After these 14 days, the client exempts us from liability for any damages resulting from the loss of translations.
c. The client is obligated to accept translations as soon as they have been sent to him/her. Should the translation prove not to be as specified in the contract, we are then obligated to remedy the defect. This does not apply if the defect is insignificant to the client’s interests or results from circumstances for which the client is responsible. If there is no significant defect, the client cannot refuse to accept.
d. If the client does not make any claims of defects within 12 working days after the delivery of the translation, the service is accepted as free of defects.
e. After this time we are no longer liable for obvious faults, unless the client has specifically designated conditions under which acceptance of the translation would be refused.
f. Defects are deemed to be significant deviations from the original text or inaccurate interpretations of the content. Stylistic improvements, such as the use of synonyms, do not constitute defects in the translation. We assume liability only for the correct reproduction of names and addresses in documents if the original document is presented in Latin characters or if the correct conversion is explicitly authorised by the client. If the client cannot read the translation in full for technical reasons on the receiving end, this is not deemed a valid defect. Translations are delivered in UTF-8 format or in a UTF-8 code compatible format.
g. In the case of a complaint about an objectively existent and non-negligible error, we must first be given the opportunity to remedy the fault. Subsequently, the client must then allow us extra time to provide a revised version. The client must provide as much detail as possible regarding the defect.
h. If we do not rectify the defect in due time, the client can either withdraw from the contract or demand a reduction in price. In the case of minor or insignificant defects, there is no right of withdrawal or right to a reduction in price.
Both we and our representatives or agents are liable for gross negligence or intent, as according to the terms of the Product Liability Act; due to the assurance of the lack of a defect as well as for damages resulting from injuries to life, body or health.
Liability for slight negligence is excluded unless it is a culpable breach of core contractual obligations, in which case, liability is limited to foreseeable damages typical to the contract.
This website uses Google Analytics, a web analysis service provided by Google, Inc. (“Google”). Google Analytics uses so-called “cookies”: text files which are stored on your computer. By using this website, you agree to the handling of your data collected by Google in the previously described way for the previously described purpose. Alternatively, you can contact us directly at any time and we will gladly assist you.
9. Statute of limitations
The client’s claims against us expire after one year corresponding with statutory limitation legislation. The claims described in section 8 are excluded. The statutes of limitation apply here.
10. Revisions or amendments of the General Terms and Conditions
We may revise or amend these General Terms and Conditions. Clients shall be informed of any revisions or amendments and shall receive the updated version. Should the client not agree with the revisions or amendments, they must disclose their objections within 21 days after being notified and having received the revisions and amendments. If no objections are disclosed, the client agrees to and accepts the revised and amended version. The client is informed of the objection period upon receiving notice of the revised version.
11. Additional agreements
Additional verbal agreements prior to and upon conclusion of the contract are not valid.
We endeavor to keep our website constantly in line with the most advanced technology available. However, we cannot guarantee that the service will always be 100% available, free from viruses or malware, or protected against access by unauthorised third parties. The client is explicitly informed of this risk. The client exempts us from any liability which may result from this section, unless it affects section 8.
We pledge to uphold absolute confidentiality regarding the contents of the translation or interpretation which is carried out, as well as the client names or other details, and we will neither use this information ourselves, nor make use of it for third parties.
14. Non-solicitation clause
The client is obligated not to contact the translators during the contractual relationship with us or to headhunt translators within one year after the contractual relationship has ended.
15. Place of jurisdiction, place of fulfilment and choice of law
a. Place of fulfilment is the registered office of Max Grauert GmbH.
b. Insofar as possible, the business location of Max Grauert GmbH is the agreed place of jurisdiction.
c. The law of the Federal Republic of Germany apply to every order, as well as any resulting claims.
16. Retention of title
The translation, including all rights pending (exploitation and usage rights), remain our property until full payment has been received.
17. Rights of use
When paid in total, we transfer the exclusive exploitation and usage rights of the translation, not restricted to any time, content or place, to the client. Any other possible property rights to the translation are also transferred to the client.
Our approval is not required for the transfer of these rights to third parties.
18. THIRD PARTY RIGHTS
a. The client guarantees that the translation or other services and their subsequent use do not violate any copyright laws or any other third party property rights. In the event of an infringement, the client exempts us and any personally liable persons in addition to us from all damages, costs and expenditures. This also includes the required costs for prosecution.
b. The content of our website is also protected by copyright. The content of this website may not be reproduced or used in any other manner without our explicit consent, unless the copyright explicitly allows this. Unauthorised use may violate laws, including valid copyrights and trademark laws.
19. Severability Clause
Should a single regulation be partially or completely invalid, this does not affect the validity of the rest of the contract. The contract is then to be interpreted and applied in accordance with the presumed interests of the contractual parties. Otherwise the statutory regulations apply.