General Terms and Conditions
§ 1: Scope
These terms and conditions apply to all business relationships between Annemarie Andersen, operating as a freelancer under the small business regulation, and her clients, including both consumers and business customers, in the field of online language services. The services include proofreading, editing, translation (standardly into American English unless otherwise agreed), easy read, and debureaucratization.
§ 2: Contract Conclusion
A contract is concluded when a client requests a quote for language-related services and subsequently accepts it in writing via email or, rarely, by phone, sends the relevant document, or confirms the start of the work. The deadline for the completion of the service, as specified in the quote, will be adjusted based on the actual project start. The final deadline will be set after coordinating the project start and clarifying all necessary details. The indicated processing time is based on the current text volume and may be adjusted if there are changes to the volume or content. A final time estimate will be provided upon receiving the final text.
§ 3: Provision of Services
The service will be performed in accordance with the specifications and deadlines set forth in the offer. Standard working hours are from 10:00 AM to 6:00 PM. The completion and delivery of the processed text will be carried out no later than the agreed deadline. Any changes in the scope of the project that occur after the acceptance of the offer will be duly considered and may lead to an adjustment of the final price.
§ 4: Payment Terms
- General Payment Terms:
- For first orders or final projects, an invoice will be sent to the customer along with the completed text. For returning customers, a collective invoice covering all projects completed within the same month will be issued at the end of each month, unless otherwise agreed.
- The minimum order value is 70 euros per month. If the value of an individual order is below this minimum, the invoice will be rounded up to 70 euros. For multiple orders within the same month, the actual costs will be billed, provided they exceed the minimum order value.
- Payment is to be made by bank transfer within 30 days of invoicing. As a small business owner under § 19 of the German Value Added Tax Act (UStG), no VAT will be charged or shown on the invoice.
2. Overdue Fines and Default Interest for Private Customers:
- If private customers fail to pay the invoice within 30 days of issuance, overdue fines of 5 euros will be charged for each reminder.
- Default interest for private customers is 5 percentage points above the respective base rate of the European Central Bank.
3. Overdue Fines and Default Interest for Business Customers:
- If private customers fail to pay the invoice within 30 days of issuance, overdue fines of 10 euros will be charged for each reminder.
- Default interest for private customers is 9 percentage points above the respective base rate of the European Central Bank.
§ 5: No Revocation Right
Since the services offered involve digital content not delivered on a physical medium, there is no right to cancellation according to § 356 (5) of the German Civil Code (BGB) if the customer has expressly agreed that the execution of the service will begin before the withdrawal period expires and has acknowledged that they will lose their right to cancellation once the execution of the service begins.
§ 6: Data Protection
Customer information is used solely for contract performance, including the proposal preparation and invoicing. All documents and information provided by the customer will be treated confidentially and stored and processed in accordance with applicable data protection laws. Upon completion of the project, all relevant documents and data will be securely deleted unless there is a statutory storage obligation to retain them.
§ 7: Copyrights and Rights of Use
By sending a text to Annemarie Andersen, the customer confirms that they hold the necessary copyrights to the source text or have obtained the required permission for its editing or translation. The copyrights to the source text remain with the customer. The usage rights to the translations or edits created by Annemarie Andersen are transferred to the customer upon full payment. Annemarie Andersen reserves the right to be credited as the originator of the edit or translation in appropriate cases.
§ 8: Confidentiality Agreement
All information and documents exchanged in the course of the service will be treated strictly confidential. Annemarie Andersen commits to maintaining the secrecy of this information.
§ 9: Liability for Content Errors
Annemarie Andersen is not liable for errors in the content of edited or translated texts that are due to inaccurate or incomplete information provided by the customer. The responsibility for the content correctness and appropriateness of the content lies with the customer. In the case of justified complaints, a free rectification will be offered, provided that these are communicated in writing within 14 days of the text’s delivery.
§ 10: Cancellation Policy
- Cancelation Before Project Start:
- If a customer cancels after offer confirmation but before the project has started, a lump-sum fee of 70 euros will be charged.
2. Cancelation During the Project:
- If a customer cancels during the execution of the project, the work completed up to that point will be billed according to the actual effort expended.
3. Cancelation After Project Completion:
- If a customer cancels after project completion but before delivery, the entire service will be invoiced, as the agreed service has been fully rendered.
§ 11: Changes to the Terms and Conditions
Any changes to these terms and conditions will be communicated to the customers within a reasonable deadline and will take effect with the next assignment.
§ 12: Customer-Specific Requirements
Customer-specific requirements will be individually addressed during the offer process and contract formation.
§ 13: Grievance Procedure
For complaints or inquiries related to the services, Annemarie Andersen is available to assist. Complaints are taken seriously and will be addressed as promptly as possible.
§ 14: Disclaimer
Annemarie Andersen is not liable for indirect damages arising from the use of the provided services. Liability for gross negligence or intent remains unaffected. Force majeure, including technical failures and natural disasters, releases Annemarie Andersen from the obligation to deliver services on time.
§ 15: Final Provisions
If any individual terms are or become invalid or unenforceable, the validity of the other provisions shall not be affected. In place of the invalid or impracticable provision, a valid and enforceable regulation will apply that most closely reflects the economic intent of the contracting parties.
§ 16: Rush Jobs and Surcharges
If a job must be completed within 48 hours, over the weekend, during holidays, or outside of regular working hours to meet the deadline, a surcharge of 25 % will be added to the agreed price. The customer will be informed of this surcharge in advance and must agree to it before the project is undertaken.
Place of Jurisdiction and Applicable Law
The law of the country in which Annemarie Andersen is based shall apply. The place of jurisdiction is the location of Annemarie Andersen’s registered office.