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.