General Terms of Business
1. General Terms of Business
transXpro operates a direct translation service via the Internet for fast and cost-effective translations and proofreading services of Word, Word-compatible or PDF files as well as direct entry of short texts. transXpro does not offer automated translations. The translations and proofreading orders are completed exclusively by certified, experienced translators in their mother tongue.
transXpro only provides its services on the basis of these Terms of Business. These Terms of Business are considered as accepted once an order has been assigned to transXpro.
transXpro is authorised to change or supplement the Terms of Business at any time.
Additional agreements, changes and additions to the Terms of Business must be made in writing.
2. Adoption of the contract
A contract will come into effect and be processed once the offer from transXpro has been accepted - after the prior quotation of the costs, delivery date and the acceptance of the "General Terms and Conditions". Files whose number of lines cannot be calculated in advance will be invoiced according to the actual number of standard lines translated. For companies registered in the Swiss Commercial Register, it is also possible to pay by invoice.
The price calculations of transXpro are binding. The source language is used as the definitive basis to determine the cost. The total cost will be indicated before the order is placed, with the exception of non-text file formats. If an order is not placed after a quotation has been made, the documents uploaded in the transXpro-Server will be immediately deleted and the quotation will no longer be valid.
3. Scope of services / Copyright
transXpro hereby undertakes to correctly reproduce a text provided by the customer in the desired language and to ensure that the translation will be carried out without any abridgement, additions or other changes to the content, and in accordance with the quality standards of the industry. The same level of standards apply to any proofreading jobs.
Additional services and consultation services, such as the consideration of individual specialist terminology provided by the customer or obtained from the previous study of existing customer documentation for the purpose of the translation, are not foreseen by transXpro.
Only texts in the formats offered will be translated, these will be recorded and invoiced according to the word count calculated by the system. In the case where the number of standard lines cannot be calculated in advance owing to the format, the invoice will be calculated on the basis of the number of standard lines translated. Images and graphics, or texts in images and graphics cannot be calculated or translated. Changes in the layout or problems that arise from the conversion processes (formatting) cannot be corrected within the context of the translation. The translation will be returned as a Word file or, in the case of direct entry of short texts, in a text field which the client can copy onto his own data storage system.
transXpro also offers an additional proofreading of texts that have been translated by transXpro - the 4-eyes principle. This additional check includes a review of the content, grammar and spelling.
The customer guarantees transXpro that the text to be translated does not infringe the copyright of any third parties; he relieves transXpro from any liability with regard to third parties.
4. Acceptance / Obligation to give notice of defects
After the translation has been carried out, the translated text will be submitted to the customer as a file that can be downloaded from the transXpro server or in a text field which can be copied. At the same time, the customer will be informed by e-mail that the order has been completed. From this point in time, the customer can download the translated text from his order folder on the transXpro server at any time of the day and any number of times, and can store it on his own data storage system.
Immediately after receipt, the customer or client must check the translation for defects. Obvious flaws in the translation must be reported in writing, quoting the defect. Dissatisfaction with the translation or the style in which the translation is written is not accepted as a flaw. If a written complaint is not received within fourteen days following the download or the availability of the translation in the customer's folder on the transXpro server, the translation will be considered to have been provided in accordance with the contract.
transXpro will bear the risk of the loss of data on the transXpro server up to the time that the translation is collected by the customer. The customer is himself responsible for the transmission procedure for the download onto his own hard drive/cache memory, and relieves transXpro from any liability in this regard. The translated texts will remain available for download on the transXpro server for up to 30 days after the agreed delivery date.
5. Remuneration / Payment conditions
Unless otherwise contractually agreed, transXpro will invoice the agreed services to the customer in accordance with the tariffs and conditions valid at the time and in accordance with the prior offer and/or in line with the tariffs published, including the statutory Value-Added Tax that applies at the time.
All amounts presented in the invoice become due for payment without deduction when the order is placed. In the case of invoiced services, the payment is due within a period of 30 days. In the case of delays in payment, transXpro is entitled to charge a default interest to the amount of 5% p.a. If transXpro is able to verify a higher level of loss due to the overdue payment, they are entitled to also claim for this.
The translation and all rights associated with it remain the property of transXpro until payment is made in full.
If a confirmed order is cancelled by the customer, the costs that have been incurred up to this point in time must be proportionally reimbursed to the level of completion of the order. In all cases, however, the reimbursement claim will amount to at least 50% of the value of the order.
The data received from customer within the context of the order, or the translation in the form of a file will be archived at transXpro.
7. Warranty / Amendment
transXpro provides no guarantee that the respective translation is permissible and/or suitable for the purposes of the customer. This applies in particular for the case in which the translation will be published or used for advertising purposes. The legal risk of suitability for use or publication is thereby borne solely by the customer.
In the case of justified flaws in the translation, the customer must permit transXpro an appropriate period of time to amend the work. Any claims going beyond this are expressly excluded. Amendments are also excluded if the deviations have been caused by the customer himself.
Claims for damages arising from the contract, from faults at the conclusion of the contract, for positive violations of contractual duties as well as a delay, both with regard to transXpro as well as in relation to its translators, are expressly excluded.
transXpro accepts no liability for delays or loss of services as a result of force majeure and due to unforeseen, temporary hindrances of services for which transXpro is not responsible.
9. Confidentiality / Security
transXpro will make every effort to ensure the confidentiality of the transmitted texts according to the latest state-of-the-art technology. Due to the nature of electronic data communication, access to the transmitted texts by unauthorised third parties can never be completely excluded.
In the course of the provision of the services offered, transXpro is entitled to disclose the subscriber data to its employees and translators in compliance with the terms of the data protection law.
transXpro hereby declares that its employees and translators who will be working within the context of this contract are committed to absolute confidentiality and bound by the conditions of data protection.
The complete order is processed at transXpro by means of encrypted data transmission. Credit card data will be directly entered onto the encrypted page of the payment provider. Due to security reasons, no credit card data will be stored.
10. Final provisions
Orders outside the scope of services as described in section 3 in connection with our services are not subject to the Terms of Business. These include, in particular: additional services such as DTP, printing, HTML files etc. the use or creation of customer terminologies, etc...
The place of fulfilment for all contractual services is the head office of transXpro in Lucerne, Switzerland.
E-mails are also considered to be a valid form of written notice.
Contracts that are concluded on the basis of the Terms of Business are subject exclusively to Swiss law. Determinations of the unified international purchase law (UN purchase law) are excluded as far as permissible.
Lucerne (Switzerland), the registered office of transXpro, is the exclusive place of jurisdiction for all disputes arising from this contract. transXpro is, however, also entitled to initiate legal action from the registered office or the customer's domicile.
If any provision of this agreement is or becomes invalid or ineffective in whole or in part, this will have no effect on the effectiveness of the other provisions. Instead, the ineffective provision will be substituted by a provision that corresponds to the purpose of the agreement and that the parties would have agreed upon for the achievement of the same economic result if they had known the ineffectiveness of the current provision.