TERMS & CONDITIONS
Catharina Translations & Designs
Carr. La Luz
38300 La Orotava, Tenerife / España Skype: catharina.translations
Propietario: Vertretungsberechtigter: Catharina Designs
Zuständige Aufsichtsbehörde: Finanzamt Santa Cruz de Tenerife nach Par. 34c Gewerbeordnung
§ 1 Area of application
(1) Contracts between Catharina Translations Designs & Services (hereinafter “Catharina T.“) and its clients are concluded only on the basis of the following Terms and Conditions.
(2) Clients’ Terms and Conditions of Business which diverge from or are in conflict with these Terms and Conditions do not constitute part of the contract even if Catharina T. is aware of them unless this is expressly agreed in writing.
§ 2 Conclusion of a contract
(1) Orders placed by the client are binding.
(2) Catharina T. is entitled to accept the order within 7 calendar days. Catharina T. is also entitled to decline the order.
(3) Catharina T. is entitled to cause the service under the contract to be performed by third parties or to use the help of third parties.
§ 3 Scope of the services
(1) The services will be accomplished in accordance with the principles of the proper exercise of professional care.
(2) The client will receive the copy of the texts as agreed under the contract.
(3) Catharina T. is obliged to treat all information provided by the client for the performance of the contract as confidential.
§ 4 Remuneration
Catharina T. services are subject to remuneration. The amount of the remuneration is determined by the individual contractual agreements.
§ 5 Due date of payment, offsetting and retention
(1) Catharina T. invoices are due for immediate payment without deduction.
(2) The client may only offset payments due to Catharina T. if these are uncontested or have been judged to be final and absolute.
(3) The client is only entitled to a right of retention if the claim against Catharina T.is uncontested or has been judged to be final and absolute.
§ 6 The client’s obligation to cooperate
(1) Without being so requested, the client must supply Catharina T.in good time with information and documents which are necessary for the preparation of the website design and translations ( texts, images, glossaries, illustrations, drawings, tables, abbreviations, etc.)
(2) Catharina T. will not be liable for errors which arise from failure to comply with these obligations.
§ 7 Copyright, reservation of title
(1) Catharina T. will not be held responsible for the informations as in images and texts supplied by the clients for the creation of a website, if there are any infrigments on them as in copyright. The client will be held responsible if any problem might arise regarding this issue. Catharina T. retains title to the service which has been performed until the remuneration for the service has been paid in full.
(2) The client is only entitled to use the service performed by Catharina T. when payment has been made in full.
§ 8 Estimates
(1) Estimates given by Catharina t.are without commitment.
(2) If the contract is based on an estimate and it should transpire that the contract cannot be performed without the estimate being significantly exceeded, Catharina T. must so inform the client without delay.
§ 9 Termination
(1) The client is entitled to terminate the contract at any time without giving reasons.
(2) If the client should terminate the contract, Catharina T. is entitled to demand the agreed remuneration. However, Catharina T.must cause that part of its expenses to be offset which it has saved by reason of the rescission of the contract or by what it earns by the use of its staff elsewhere or what it maliciously neglects to earn. It is accordingly presumed that Catharina T.is entitled to 5% of the agreed remuneration due on that part of the service that has not been performed.
(3) If the client should terminate the contract because the estimate has been exceeded, Catharina T. can require payment of a part of the remuneration corresponding to the work already performed and reimbursement of any expenditure not included in the remuneration.
§ 10 Prohibition of competition
(1) If Catharina T. uses the help of a third party in the performance of the service, the client is not entitled to information on the identity of the third party.
(2) The client is prohibited from coming into direct contact with the third party so ong as the client is in contractual relationships with Catharina T.. In the event of an infringement of this provision, the client is liable to a contractual penalty amounting to 10 times the value of the order.
§ 11 Limitation of liability, release from liability
(1) Catharina T. is not liable for a breach of non-material obligations due to minor negligence.
(2) Catharina T. liability for a breach of material obligations due to minor negligence is limited to loss or damage which is typical under the contract and which can be foreseen. The client is liable for any loss or damage up to a sum equivalent to 5% of the net value of the order.
(3) Catharina T. is not liable for unforeseeable indirect loss or damage or consequential losses.
(4) The exclusion and limitation of liability also apply to breaches of obligations by Catharina T. legal representatives or vicarious agents.
(5) The above exclusion and limitation of liability on the part of Catharina T. do not apply in the event of loss or damage arising from the death, bodily injury and impairment of health of the client and in the event of gross negligence by Wortwelt, its legal representatives and vicarious agents or in the event of claims arising from product liability.
(6) Catharina T. is not responsible for the contents (text, pictures, diagrams, logos, etc.) which the client makes available. Catharina T. is, in particular, not obliged to check for possible infringements of the law.
(7) The client will hold Catharina T. harmless against all prejudice which could arise for Catharina T. through third parties for reason of harmful acts or possible infringements of the law by the client, irrespective of whether undertaken with intent or by reason of negligence.
Welcome to catharina-designs.com!
These terms and conditions outline the rules and regulations for the use of Catharina Designs Website, located at catharina-designs.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use onewavebarcelona.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, One Catharina Designs and/or its licensors own the intellectual property rights for all material on catharina-designs.com. All intellectual property rights are reserved. You may access this from catharina-designs.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from catharina-designs.com
Sell, rent or sub-license material from catharina-designs.com
Reproduce, duplicate or copy material from catharina-designs.com
Redistribute content from catharina-designs.com
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Catharina Designs does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Catharina Designs,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Catharina Designs shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Catharina Designs reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Catharina Designs a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Catharina Designs; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Catharina Designs. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Catharina Designs logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
RESERVATION OF RIGHTS
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.