1. Scope of application
The following Terms and Conditions regulate the business relationship between Max Grauert GmbH, Schloßstraße 7c, D-21465 Hamburg-Reinbek (hereinafter “we”) and the client. We act exclusively on the basis of these Terms and Conditions. Our Terms and Conditions can be viewed at any time at https://www.dialogticket.com/en/terms-and-conditions/ and can be printed or saved to your computer. Any Terms & Conditions which contradict or deviate from these are not applicable and are hereby rejected. They will not become part of the contract, even if we do not explicitly object to them once again. The version of our Terms & Conditions available on our homepage at the time of the order is the valid and applicable version.
We offer a free support platform as well as a fee-based translation service. Contractual relationships with the translators exist exclusivelz and without exception between ourselves and the translators.
3. References and links
We reference our webpages with hyperlinks to other pages on the internet. The following applies for all of these links: We explicitly declare that we have no influence on the design and content of the linked webpages. We therefore explicitly distance ourselves from the contents of all pages linked to our website and we do not consider this content to be our own. This declaration applies to all hyperlinks on our pages, whether displayed or hidden, and to all the contents of these hyperlink websites.
4. Conclusion of contract
a) The contract is deemed to be concluded when the client has agreed to our fixed quote as well as our Terms & Conditions.
b) The contract exists between the client and Max Grauert GmbH, Schloßstraße 7, D-21465 Reinbek. DialogTicket.com is a name under which Max Grauert GmbH (Schloßstraße 7, D-21465 Reinbek) operates.
5. Payment terms
Upon conclusion of the contract and after delivery or receipt of the invoice, full payment of the agreed sum is due immediately. We reserve the right in certain individual cases to request a written payment of the agreed sum in advance. This will be specified in our quote and payment is due after the written confirmation of the order.
Offsetting by the client is only permissible with undisputed or legally established claims. This also applies if the client makes a complaint or a counter-claim. However, the client may exercise the right of retention if his counterclaim is based on the same contract for work and services.
7. Acceptance and warranty claims
a. We undertake to translate our texts in a professional and appropriate manner without abbreviation or other changes in content. Translations are carried out according to the sense of the text and to the quality standards generally accepted in the translation industry for each language. We reserve the right to reject translations, if texts have illegal content or very specific technical terminology.
b. We can deliver finalised translations online or by email. After completion, the translation is available for the client to download from the server. We bear the risk of data loss 14 days after the translation has been made available for download or after completion. The client shall ensure that the translation is downloaded within these 14 days. After these 14 days have passed, the client shall indemnify us from liability for the loss of the translation.
c. The client is obliged to accept our translation as soon as it has been sent to them. Should the translation not be in accordance with the contract, we are obliged to address any errors. This does not apply if the problem is irrelevant to the interests of the client or is due to a factor which can be attributed to the client. If there are no significant defects, the client cannot refuse to accept the translation.
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 our translation is approved by the client, our liability for obvious errors shall cease, unless the client has reserved the right to point out any specific errors.
f. Errors are understood to be considerable deviations from the original text or incorrect representations of facts. Stylistic improvements such as synonyms do not constitute translation errors. We are only liable for the correct reproduction of names and addresses in originals if an original has been submitted in Latin typescript or if the client has explicitly requested the correct conversion. If the client cannot read the translation without errors due to technical circumstances, this shall not constitute an error. The translations are delivered in UTF-8 format or in a format which allows the text to be saved in UTF-8 encoding.
g. If the client complains about a clear, significant error in the translation, we are entitled to make any necessary changes and improvements. In this regard, the client must allow us a reasonable grace period. The client must describe the errors as accurately as possible.
h. If we do not resolve the error in due time, the client may, at their discretion, withdraw from the contract or demand a reduction in price. In the case of minor or insignificant errors, there are no grounds for withdrawal or a price reduction.
We, as well as our representatives or agents, are liable for gross negligence or intent; according to the regulations of the German Product Liability Act; for warranty of the absence of an error as well as for damages resulting from the destruction of life, personal injury or health damages.
Liability for minor negligence is excluded, unless it is a violation of fundamental contractual obligations; for the latter, liability is limited to foreseeable contractual damages.
This website uses Google Analytics, a web analysis service of Google Inc. Google Analytics uses so-called “cookies”, which are text files 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.
9. Limitation period
The customer’s claims against us shall expire one year after the start of the statutory limitation period. The claims described in section 8 are excluded. The statutes of limitation apply here.
10. Our Declaration on the German Minimum Wage Act (MiLoG)
We can change or update these Terms & Conditions. We will inform clients of any changes or additions and send clients a new, updated version. If the client does not agree with the change or supplement, the client must inform us of their objection within 21 days of receiving our new, updated Terms & Conditions. Otherwise the client will have agreed to our new version. We will inform the client of any changes we make to our Terms & Conditions throughout the translation process.
11. Amendments or additions to our Terms & Conditions
We can change or supplement our Terms & Conditions at any time. We will inform clients of any changes or additions and send clients a new, updated version. If the client does not agree with the change or supplement, the client must inform us of their objection within 21 days of receiving our new, updated Terms & Conditions. Otherwise, the client will have agreed to our new version. We will inform the client of any changes we make to our Terms & Conditions throughout the translation process.
12. Additional agreements
Additional verbal agreements upon conclusion of the contract are not valid.
We are constantly developing our platform and keeping it up to date with the latest technology. However, we cannot guarantee that the service is always 100% available, free of viruses or malware or that it has not been exposed to unauthorised third parties. The client is hereby informed of these risks. Neither party shall be liable for circumstances for which they are not responsible (e.g. hacking).
We pledge to maintain complete confidentiality with regard to the content of our translations, interpreting work, the client’s name or other client-related data, and we will not use this information for ourselves or for other third parties. The clients’ documents and data can be deleted at the client’s request.
15. Headhunting restrictions
The client agrees not to contact the respective translators during their contractual relationship with us, or to target our translators within one year after the termination of our contractual relationship.
16. Place of jurisdiction, place of practice and choice of law
a. Place of practice is the registered office of Max Grauert GmbH.
b. As far as permissible, the place of jurisdiction shall be the registered office of Max Grauert GmbH.
c. The law of the Federal Republic of Germany shall apply to the translation request and all claims arising from it.
17. Retention of property
The translation, including all pending rights (exploitation and usage rights), remains our property until full payment has been received. Ownership is transferred to the client upon full payment and the client receives all possible rights to the translation.
18. Rights of use
Upon full payment, we shall transfer the exclusive usage rights to the translation to the client, unlimited in time, content and location, as well as any other property rights to the translation, if applicable. Our consent is then not required for the transfer of these rights to third parties. The translations can then also be sublicensed by the client.
19. Third party rights
a. The client guarantees that the translation or other service and its subsequent use by the client does not infringe any copyrights or other industrial property rights of third parties and, in the event of infringement, indemnifies us and, if applicable, any persons personally liable in addition to us from all damages, costs and expenses. This also includes the necessary costs of legal prosecution.
b. The contents of our website are also protected by copyright. The content of this website may not be reproduced or processed, duplicated, distributed or used in any other way without our consent, unless explicitly permitted by copyright law. Unauthorised use may violate applicable laws, including applicable copyright and trademark laws.
20. Severability clause
If a regulation should be completely or partially ineffective, this does not affect the effectiveness of the contract in other respects. The contract shall then be interpreted and applied in such a way so as to comply with the interests of the contracting parties. Otherwise, statutory regulations shall apply.