Terms & Conditions
ETS Translations (here referred to as ETS) undertakes to treat all received documents and information as confidential and to maintain secrecy about all facts and related information, which may become known in the course of business relationship with our customers, to the best of our ability. Our freelance associates are also equally committed to non-disclosure agreements. You can find our complete data protection declaration in accordance with the EU General Data Protection Regulation (GDPR) here.
§ 2) Method of awarding job orders
ETS’s business orientation favours issuing of translation, proofreading, or layout orders through an online process which is carried out either by sending an email with text attachment or by using a contact form. All necessary additional information, such as notes, drawings, glossaries, templates etc., required to process the order, must be voluntarily submitted by the client. Errors, delays or quality issues due to failure to observe the above points, or due to inaccurate or incorrect statements shall be at the expense of the client.
§ 3) Execution of job orders
ETS Translations is authorized, if it deems it desirable or expedient, to engage the services of third parties to carry out the tasks it is entrusted with. However, the basic business relationship exists exclusively between the client and us, and excludes a direct contact between clients and third parties without our consent. The work of ETS is primarily carried out by our employees assigned to the order.
§ 3b.) Unless otherwise agreed, ETS is allowed to include the client in a reference list after completion of the delivery. This applies to the use of trademarks as well, which are used for the purpose of illustration only.
A delivery is understood to have been made as soon as the respective work order has been sent to the client. Initially notified delivery dates are indicative and must be regarded as prospective dates, which are given by ETS to the best of its knowledge. We assume no liability for any additional expenses of the client due to non-compliance with the specified deadlines.
The client is responsible for verifying the integrity of the transmitted data. The client is obliged to confirm the receipt of the material concerned in writing. The completed work is dispatched at the risk of the client. We assume no liability for errors, incomplete or corrupted transfer of the material to be delivered, or their loss (for example) during the electronic transmission.
§5) Retention of title and conditions of payment
Delivered translations, or other contract work, shall remain property of ETS until full settlement of payments. Until the client settles all claims we possess the copyright of the respective work and the client shall not have the right of use. Copies of every kind of the material supplied shall attract royalties to date.
For full payment of invoiced claims, we stipulate a period of 10 days from the date of invoice, with the exception of first-time orders, for which the condition of advance payment shall apply. On expiry of the target date of payment the usual bank interest and collection costs shall accrue to the principal amount, after ETS has issued a reminder by email, fax or post once for all. Follow up correction work shall not cause deferral of payments.
All rates are net prices in Euro. All quotations and charges are subject to confirmation.
§ 6) Area of application
The listed Terms & Conditions shall apply to all business transactions of ETS, with its headquarters in Switzerland, at CH-9100 Herisau, Schützenstrasse 38 O. By reading the website, by placing an order or other business-related interaction, the client shall accept the Terms & Conditions which apply for the whole duration of the business relationship with the client. This includes also future transactions. The client’s Terms & Conditions are only binding for ETS if the same were explicitly recognized.
Other agreements with our clients, which may differ from the Terms & Conditions, are only valid if they have been duly signed by both parties. All other provisions shall continue be valid.
Contractual relationship and other business relationship between ETS and the client shall be governed exclusively by the laws of the company’s location in Switzerland, to the exclusion of the International Sale of Goods. In the event of any disputes the place of jurisdiction for both parties shall be Herisau, Switzerland.
As a result of invalidity of one or several provisions occurring initially or later the validity of the remaining provisions of the Terms & Conditions shall not be affected. In that case, a valid arrangement that is closest to the business and legal purpose shall be agreed upon.
Unless distinctly otherwise agreed upon, with regard to specific requirements of a translation or any other work, the contractor will execute the same to the best of his/her knowledge and belief orthographically and grammatically correct, complete and analogously for the purpose of information. The client has the right to a written complaint within 10 working days (from the date of receipt by us). If this option is not exercised, or the stipulated period is exceeded, the translation shall be understood to have been approved, or the result of any contract work as accepted. In this case, the client shall waive all claims which he would be entitled to in the event of a defect. However, if complaints are made with regard to an objectively recognizable and provably significant deficiency, it must be described as accurately as possible in order to allow the contractor the opportunity for improvement. In case of correction of rush orders (more than 10 standard pages / 250 lines / or 2500 words per working day), the client must allocate a reasonable time for rework. If the corrected work is evidently unsuccessful, there should be the possibility of a second and third revision. If such attempts fail objectively, the client has the right to withdraw from the contract, to a reduction in the invoice amount or conversion.
Claims for damages for non-performance are excluded. The liability is limited to the typically occurring, foreseeable damage in each case and is limited to the amount of the order volume of the translation or of the respective other work. We are only liable in case of intent and gross negligence.
ETS assumes no liability for such translation errors or other specific defects which are due to incomplete, incorrect or illegible details provided by the client. This includes defects which may occur, for example, during electronic transmission or document format conversion. The important indication of the purpose of the translation order (promotional, printing, publishing, etc.) does not imply any liability for possible unsuitability of the translation, or a possible loss of reputation of the company in question. If ETS were to be prosecuted on the basis of a translation for infringement of copyright, the client shall fully indemnify us from any liability whatsoever.
§ 9) Withdrawal, termination, cession, default in delivery, impossibility of performance
The client may terminate a contract until the completion of a translation or of another order only with a written statement of important reasons. ETS shall be entitled to compensation for the loss of profit to the full amount of contract value.
The client may only withdraw from the contract in case of delay in performance or inability of ETS in the event of a proven failure of a three-time remedial attempt by the contractor and a reduction is ruled out, and in the event of undue delay in delivery, after expiry of a reasonably extended period by the client.
The assignment of rights under a contract by the client requires our written consent.
§ 10) Force majeure and other disruptive factors
ETS shall not be liable for damages caused by failure of the business and force majeure, such as natural disasters, transmission errors of electronically transmitted data, corruption of data due to virus or spam filters, network or server errors and other obstacles, for which we cannot be held responsible. In such cases, as well as in a possible exceptional situation of a partial restriction or cessation of our business operations, we reserve the right to withdraw from contracts already concluded wholly or partially.
§ 11) Translated versions of Terms an conditions
In the event that the translated versions of Terms & Conditions are differently interpreted the German version shall be authoritative.