(deutsche und/oder andere Version auf Anfrage! - german and/or other version on request!)
The following terms constitute a legally binding agreement between the Client and TZIMAS.com GROUP, regarding access to and use of the TZIMAS.com GROUP website and its associated multilingual communication services rendered or to be rendered by TZIMAS.com GROUP.
By accessing or using the website or Services, you agree to be bound by these General Terms of Business. If you do not wish to be bound by these General Terms of Business, you should leave the website. Source Material shall mean any electronic or other files that Client transmits to TZIMAS.com GROUP using the website that is intended to be the subject of services hereunder:
The CLIENT warrants that he is holder or owner or has license over all kinds of projects and at his responsibility and in full knowledge sends and requests from TZIMAS.com GROUP to perform these projects. Client represents and warrants that it owns or is licensee of the Source Material(s) and all components thereof, and that translation of the Source Material(s) and publication, distribution, sales or other use of the deliverable shall not infringe upon any copyright, trademark/service mark or patent, or other right of any third party.
Client represents and warrants that Source Material(s) submitted to the website is/are of good quality and free of errors or spelling mistakes.
Client warrants not to use any device, software or routine to interfere with the proper working of the website or which may have a contaminating or detrimental effect on the website. Each order or formal request for the provision of Services shall be referred to as an "Order".
TZIMAS.com GROUP is essentially a pioneering innovation, offering the possibility of cooperation On Line as well as for direct contact (appointment/ meeting) with the CLIENT for the supply of services such as Specialist Translations, Certified Translations, Specialist Interpretings, Revising - Proofreading, Intercultural Adaptation & Printing, Localization, Dialogue Translation, Asynchronous Dialogue Interpreting, Synchronous Dialogue Interpreting, Transfer of hand written archives, Transfer of recorded archives.
Client means the individual or business entity that executes this contract.
Source Materials means the documents, materials, and other items furnished to TZIMAS.com GROUP for translation hereunder.
Deliverable means the final, translated version of the Source Materials provided by TZIMAS.com GROUP to the Client.
The format of the files that TZIMAS.com GROUP undertakes is in (.doc, .rtf, .htm, .html, .xls, .txt, etc.).
Translation: TZIMAS.com GROUP shall correct the following errors free of charge: Outright mistranslation, omission, typo, grammatical mistake, non-adherence to any approved glossary. Client agrees that TZIMAS.com GROUP shall have no liability or obligation regarding errors in translations unless TZIMAS.com GROUP receives written notification of the error(s) within two (2) days following delivery of the Deliverable to Client. The sole obligation with respect to errors of TZIMAS.com GROUP shall be the obligation to correct the Deliverable at no cost to Client.
The texts will be returned to the CLIENT in the same format with the original. TZIMAS.com GROUP sends to the CLIENT an e-mail which contains the translated file. If, within the period of two (2) business days from the date of acceptance of his translation, the CLIENT does not proceed with the submission of comments or remarks, it is considered that the acceptance of the translation has been approved by the CLIENT and TZIMAS.com GROUP proceeds with the final stage of invoicing the CLIENT.
Interpretation: This service requires a meeting (appointment) with the CLIENT, unless if the CLIENT is abroad in which case the reservation is made promptly through the Internet.
For the following services Voice Overs - Subtitles, Proofreading, Transcripts of recorded materials, Graphic Arts work, Construction of web pages, Advertisement on the Website of TZIMAS.com GROUP these services require a meeting (appointment) with the CLIENT, unless when the CLIENT is abroad in which case the cooperation will be Contacted through Internet or by Courier.
TZIMAS.com GROUP sends the CLIENT the sample by email, facsimile or Courier. The CLIENT informs TZIMAS.com GROUP at the latest within four (4) business days from the date of acceptance of his sample. If, within the period of four (4) business days from the date of acceptance of his sample, the CLIENT does not proceed with the submission of comments or remarks, it is considered that the acceptance of the sample has been approved by the CLIENT and TZIMAS.com GROUP proceeds with the final stage of completion of the project and invoicing him.
A CLIENT who wishes one of the above mentioned services must simply send a email or facsimile to TZIMAS.com GROUP, stating the services he are interested it and the languages he require. Shortly the CLIENT will receive the quote from TZIMAS.com GROUP regarding the cost, time of completion of the project, and payment procedure. The CLIENT may, at any moment, be informed on the progress of his project should he so specify.
The CLIENT will send us via email or facsimile all of the information required of him by TZIMAS.com GROUP to the best of their knowledge. TZIMAS.com GROUP uses this information to maintain a record and for their processing for the performance of the transaction with the CLIENT.
Payment methods shall be by either of the following methods. Where no credit arrangement has been agreed between TZIMAS.com GROUP and its customer, payments to TZIMAS.com GROUP for all agreed services shall be made by direct bank transfer within one (1) week of receiving a valid invoice from TZIMAS.com GROUP. Such invoices are usually distributed by TZIMAS.com GROUP to the Client via email or by courier.
Where credit arrangements have been agreed between TZIMAS.com GROUP and its customer, the customer shall make payments to TZIMAS.com GROUP for all agreed services within ten (10) days of receiving a valid invoice from TZIMAS.com GROUP. Such invoices are usually distributed by TZIMAS.com GROUP to the Client via email or by courier.
Should TZIMAS.com GROUP need to engage the services of a law firm, solicitor, or debt collection agency to assist in the collection of the payment from the Client, then the client agrees to pay TZIMAS.com GROUP the full costs and commissions charged by the law firm, solicitor, or debt collection agency for such services.
TZIMAS.com GROUP shall not be liable for any incidental, special or consequential damages or loss of any nature whatsoever, nor for any claim against Client by any other person or entity, arising from or relating to services rendered by TZIMAS.com GROUP, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if TZIMAS.com GROUP has been advised of the possibility of such damages by anything contained in related proposals and other documentation. TZIMAS.com GROUP shall not be responsible for any loss or damage to, nor the return of, any Source Material(s). The maximum liability to Client by TZIMAS.com GROUP shall in all cases, other than those involving death or personal injury, be limited to the value of the Order. In the event that Client breaches this Agreement, TZIMAS.com GROUP shall have the right to terminate immediately, whereupon Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress.
All right, title and interest in and to the Source Material(s) and, except as hereunder provided, the Deliverables, and any and all patent rights, copyright, know-how, and trade/service secrets therein are and remain the sole and exclusive property of Client. Notwithstanding the above, Client acknowledges that TZIMAS.com GROUP is the sole and exclusive owner of all right, title, and interest in and to all methodology, information, software, and databases used in translating the Source Material(s), and inventions, methodology, innovations, know-how, and databases developed by TZIMAS.com GROUP in the course of translating the Source Material(s), including any and all patent rights, copyrights, know-how, and trade/service secrets therein.
TZIMAS.com GROUP is available to businesses, private people and all those over the age of 18 eligible for any legal action. If the age limit requirement is not satisfied, please refrain from using TZIMAS.com GROUP. TZIMAS.com GROUP may refuse to supply any service to a CLIENT, who in the discretion of TZIMAS.com GROUP is not a solvent CLIENT.
TZIMAS.com GROUP can be advised by registered mail by the CLIENT, prior to the commencement of work, that the contents of his project/ job is confidential (project confidentiality). TZIMAS.com GROUP maintains confidentiality for the projects/ jobs it undertakes. TZIMAS.com GROUP will not be responsible for any leak of the contents by external associates. The external associates operate independently in their space and they are not connected by absolutely no subordinate employment with TZIMAS.com GROUP. The role of TZIMAS.com GROUP is not to supervise the personal life of its external associates, rather to require from them the proper quality for the project of the CLIENT. However, TZIMAS.com GROUP always, prior to assigning a project to an external associate, advises them on the requirement for confidentiality of the project irrespective of whether the CLIENT requires that or not. TZIMAS.com GROUP will provide the external associate with a copy of the CLIENT's letter.
The Client can request a translation by uploading and submitting Source Material(s) to the website. TZIMAS.com GROUP will not be liable to correct any errors or missions that were inherent in the original Source Material(s). Source Material(s) will be virus checked upon receipt by TZIMAS.com GROUP.
TZIMAS.com GROUP does not provide any assistance, including technical or customer support, in the use of the Services. Any use of the Services is at your own risk.
Because of the complexities of the human language, and the possibility of a number of different translations of particular words and phrases, there are inherent limitations in translations. TZIMAS.com GROUP therefore recommends that you examine and verify the translation resulting from use of the Services, and accepts no responsibility for the accuracy thereof.
In no event will TZIMAS.com GROUP be liable for any indirect, special, incidental, economic or consequential damages arising out of the use of the Services, including, but not limited to, damages for loss of profits, business, goodwill, data, business interruption, or other pecuniary loss.
TZIMAS.com GROUP will accept any type of project for performance within its range of services. TZIMAS.com GROUP reserves the right to refuse to translate any Source Material(s) that is/are of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is otherwise considered inappropriate by TZIMAS.com GROUP, whose decision in all matters shall be binding and conclusive.
Client shall indemnify, defend, and hold harmless TZIMAS.com GROUP, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incident to any suit, claim or demand based on the performance of this Agreement by either party, Client's breach of the covenants, representations and warranties made by it herein, the manufacture, advertisement, promotion, sale or distribution of any items by Client, any taxes and from any duties, levies, tariffs, or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by Client, or any claim that any element of the Deliverable infringes any copyright, trademark/service mark, patent, or other proprietary right.
In the event that Client breaches this Agreement, TZIMAS.com GROUP shall have the right to terminate whereupon Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress. In the event that TZIMAS.com GROUP breaches this Agreement, Client shall have the right to terminate whereupon, TZIMAS.com GROUP shall return to Client all Source Materials and data supplied by Client together with all translated product that exists as of the date of termination and Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress. Neither party shall be deemed to be in breach or default of any provision of this Agreement by reason of a delay or failure in performance due to any causes beyond its control.
The service mark of TRANSLATIONS-INTERPRETINGS.COM is a service mark of TZIMAS.com GROUP.
TZIMAS.com GROUP may review the trademarks/service marks, and it may even add new registered trademarks/service marks at any time.
TZIMAS.com GROUP secures every right and with the reservation of any of its rights, which is not given hereby precisely.
In the case where, for the resolution of a dispute which may result during the use of TZIMAS.com GROUP and the chosen procedure is the legal one, competent will be the Courts of Hagen Westf. (Federal Republic of Germany) if permitted by law and the applicable law will be exclusively the German Law, excluding the International Sales Law.