Article 1. Purpose of the Terms
These terms define the conditions under which iLocIT provides Translations and Associated Services to the Client.
Article 2. Definitions
In these Terms, except where the subject or context requires otherwise:
Article 3. Estimates and Orders
Article 4. Cancellation
The Client shall be entitled to cancel an order only in writing and within 24 hours of the order. In such occurrence, the Client shall reimburse iLocIT with all related costs already incurred for the order. In addition, iLocIT shall invoice the Client for 30% of the total order amount as unique indemnity. In the event of cancellation beyond the 24 hour delay, iLocIT shall invoice the Client for the total order amount.
Article 5. Deadlines
Article 6. Acceptance
Upon delivery by iLocIT, work shall be reviewed by the Client within 3 working days, for compliance with instructions, terminology and guidelines as well as technical correctness, comprehensibility and typesetting.
Article 7. Author’s corrections
In the event that the Client makes changes to the original text after order placement, whether of a stylistic, terminological, grammatical or any other nature, iLocIT shall invoice any additional work caused by such changes, on the basis of its price list.
Article 8. Prices
The prices and currency for the Translation and Associated Services are as set out in the orders referred to in Article 3. Unless otherwise specified,
Article 9. Coordination costs
Voluminous or complex work, which requires translations in more than one language, and/or for which several intended recipients are envisaged and/or is of extraordinary complexity, shall be subject to additional coordination costs amounting to 10% of the total order.
Article 10. Payment Conditions
Payment shall be made by the Client at iLocIT’s registered office within 14 days after the date of the invoice. Any sum unpaid within that time shall, ipso jure and without formal notice, bear interest of 1% each month began starting the date of invoice and a unique indemnity of 15% of the amount of the invoice with a minimum of 75 Euro.
If any invoice is not paid in the due time, it will involve an immediate eligibility of all invoices of the Client whatever the payment terms of the other invoices. In that event, iLocIT can decide to stop or hold all works in progress.
Article 11. Communication
For all their communications under this Agreement, the parties agree to use any of the information and data transfer facilities as agreed by them. As far as electronic communications are concerned, iLocIT may not be held responsible for any error, bug or virus which may be contained in the files or programs transferred to the Client.
Article 12. Risks
Documents, files and data media which are produced by, received from or sent to the Client shall always be at his own risk.
Article 13. Copyright – Indemnity
If claims should be made against iLocIT due to violation of existing copyrights connected to source texts delivered by the Client, the Client shall indemnify iLocIT for all direct or indirect costs arising from such claims.
Article 14. Limitation of liability
The liability of iLocIT for any claims brought by the Client in connection with this Agreement shall be limited to the specific loss actually suffered, limited to the total order amount. Under no circumstances shall iLocIT pay for any indirect losses (financial losses, commercial damage such as loss of profit, increased overheads, disputed schedules, third-party claims).
Article 15. Force majeure
Should it be impossible for iLocIT to comply with any of its obligations by reason of any unforeseeable and uncontrollable event known as force majeure (including so-called acts of God), then iLocIT shall not be deemed to be in breach hereof and its obligation shall be suspended and the term extended for a period equal to the duration of such event.
Article 16. Termination
Notwithstanding the preceding paragraph, iLocIT shall immediately stop work should the Client become insolvent, assign all of its assets, be declared bankrupt or make an arrangement with its creditors.
Article 17. Time limitation
Any action against iLocIT shall be introduced within 3 months at the latest, of the fact leading to the action. Beyond that date, iLocIT shall be exempt from any liability for any specific or indirect loss that may be incurred by the Client.
Article 18. Governing law and arbitration
The courts of Dortmund shall solely entertain jurisdiction. The governing law shall be German law.