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General Terms and Conditions
Coverage
These Terms and Conditions apply to all transactions with our customers. By
requesting a quote or placing an order with FOXDOCS, the customer confirms their acceptance of the Terms and Conditions.
Quotes and orders
FOXDOCS provides cost estimate quotations at no charge or liability to the customer.
FOXDOCS provides its services based on the rates stated in the current price list. In general, charges for standard translation will be calculated per standard line of German text, which consists of 55 characters including punctuation and spaces.
In general, editing and copywriting is billed on an hourly rate.
A special rate may be applied for advertising copy for multiple reproductions by agreement.
Other charging methods such as fixed rates or per page are only valid if FOXDOCS has confirmed them in writing.
All cost estimate quotations are subject to alteration.
Orders must be submitted in writing, by e-mail or fax.
An order only becomes valid when FOXDOCS has accepted it in writing, by e-mail or fax.
A deposit may be required for large orders.
Text formatting
Unless otherwise indicated on the order form, texts are delivered in the Word 2000 for Windows file format. We can also provide texts in other standard file formats on request.
Simple formatting such as bold, italic and underlined text, and standard fonts such as Times and Helvetica will be included in the translation at no extra charge.
More extensive layout work, such as boxes and formulae, is not included in the basic price and will be charged at an hourly rate.
Non-standard texts
A higher rate will be charged for highly specialised texts as specialists may need to be consulted.
Extra time required to decipher texts which are difficult to read such as handwritten texts will be charged at an hourly rate.
Detailed prices for non-standard texts are available on request.
Modifications to orders
If draft texts are submitted for translation, any changes or additions will be treated as additional orders.
If the original text is modified by the customer after the translation has begun, changes to the translation will be charged at an hourly rate. FOXDOCS will confirm the new delivery date with the customer, based upon the requested modifications.
The customer's obligations
In order to provide texts and translations of the desired quality, FOXDOCS's client undertakes to supply any information required for the translation in good time and make available
information or existing reference material such as glossaries, previously translated texts, purpose of the text, specifications, etc.
Cancelling an order
Order cancellations must be made in writing and as quickly as possible. Work already completed, related costs and expenses will be charged to the customer.
Delivery
Completed texts are delivered by e-mail free of charge. At the customer's request, they can also be sent by post, fax or on CD-ROM. Postal deliveries will be billed at cost.
Viruses
The electronic delivery of texts is undertaken at the customer’s own risk. We will not answer for damages due to viruses. The customer is responsible for checking all files delivered.
Payment terms
Invoices are payable in full within 14 days. Completed translations and texts remain the property of FOXDOCS until full payment is received. In the event of non-payment, any costs for recovery will be added to the existing balance, and FOXDOCS will reserve the right to withhold other deliveries.
Events beyond our reasonable control
We will not answer for damages due to the interruption of our operations, in particular due to events beyond our control such as natural catastrophes, network and server failures, or other events outside of our direct influence. In such circumstances we reserve the right to withdraw from the contract.
Limitation of liability
FOXDOCS is committed to translating and writing
texts with the greatest care. We strive to complete grammatically correct translations without omission and remaining faithful to the original text.
If, within five days of receiving the text, the customer does not raise any written objections with us regarding the text, the text is considered to be approved.
If the customer raises an objection within the five-day period, the customer must describe this deficiency as accurately as possible and allow FOXDOCS to make the necessary changes. FOXDOCS will remedy the problems and deliver the completed text as close to the agreed deadline as possible. In the event of failure, FOXDOCS forfeits its right to payment for the order. No liability will be accepted for further claims, including claims for damages due to non-delivery. Claims for recourse in the case of damage claims by third parties are explicitly precluded.
In all cases, liability is strictly limited to the amount of the order. The customer shall be entitled to claim damages only if intent or gross negligence is involved. Liability in the case of ordinary negligence will only take effect in the case of vital contractual obligations.
We do not assume liability for errors of translation due to faulty, incomplete or illegible original texts.
The customer shall release FOXDOCS from any liability arising from infringement of copyright or the rights of a third party due to work completed by FOXDOCS for the customer.
Validity
Should one or several of the above conditions be or become invalid, this does not affect the validity of the remaining terms and conditions. They will remain valid notwithstanding.
Modification to the Terms and Conditions
All modifications to these Terms and Conditions between the customer and FOXDOCS must be in writing. Verbal agreements are not valid.
Legal responsibility and place of jurisdiction
This contract is governed by New Zealand law. Legal jurisdiction is Wellington.
Validity date
These conditions are valid as of 1 January
2006 and are subject to modification without notice.
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