General Terms and Conditions (TC)
1. Contract conclusion
Unless otherwise agreed between the client and ITSA, the contract will only come into force once ITSA has confirmed the order in writing (including by email).
ITSA accepts no responsibility for situations in which the client erroneously places more than one order for the translation of an identical text. In such instances, ITSA is entitled to invoice for all the orders it has received. The client must inform ITSA in advance if, for the same order, it intends to send the text to be translated to ITSA by different means (e.g. by post and email, or also via a representative).
In instances where a representative (e.g. advertising agency) concludes a contract with ITSA on behalf of its clients, ITSA is entitled to assume that the representative is authorised to do this. In cases where the representative has concluded the contract without the authorisation of the client, and the client subsequently refuses to approve the contract, the representative shall be liable to ITSA for compensation for the loss of the remuneration claim and any expenses incurred (Article 39 Paragraph 2; Swiss Code of Obligations).
2. Intended purpose / Quality
When placing an order, the client must state the intended purpose of the service.
Instructions and information relating to the performance and delivery of the work must be notified to ITSA in writing when the documents to be translated are made available to ITSA. The customer is obliged, without being requested, to provide ITSA with the desired terminology and helpful, quality-promoting documents in good time and before the start of work.
ITSA undertakes to provide the service to a professional standard that is commensurate with the order (intended use, instructions of the client, urgency).
3. Copyrights / Retention
The copyrights in the services performed remain the property of ITSA until receipt of payment in full.
ITSA is entitled to withhold delivery of a current order if the client is in arrears with the payment of invoices for other orders. ITSA will inform the client about the action it is taking.
4. Confidentiality and data protection
ITSA will do everything within its power to maintain the confidentiality of all texts, images and documents that have been made available to it.
Client data is stored securely and is not disclosed to any unauthorised third parties.
ITSA declares that all of the persons and affiliated persons who will take part in the translation process under this contract, have been contractually bound to secrecy and to comply with the requirements of data protection. This confidentiality obligation also extends beyond the duration of the colaboration.
ITSA is permitted to make copies for backup purposes.
Where the orders it receives contain texts that are unlawful, ITSA reserves the right to reject such orders and alert the authorities if necessary.
Provided the client has not expressly designated the text or its translation as being confidential and has issued no corresponding instructions concerning the transfer to ITSA (email encryption, addressed to a specific person, secure data exchange, etc.), ITSA is entitled to treat the client‘s documents and their translation as ordinary business correspondence and is, in particular, not obligated to send these using encrypted email messages.
5. Return of documents
Unless client-supplied documents have been clearly declared to be originals, or are clearly recognisable as such, ITSA may assume that they are copies. These will not be returned, unless an express request to do so has been received from the client.
ITSA will remain responsible for any original documents for as long as these are in its custody.
Once the requested work has been delivered and payment has been received, ITSA is no longer under an obligation to retain or store the documents supplied by the client.
6. Use of online services
Where a client makes use of the password-protected areas of any online services provided by ITSA, he is obliged to keep his access information (username, password) confidential and to not divulge or make this accessible to any third parties.
Exchanging any data on ITSA‘s servers that may violate the copyrights of third parties is not permitted.
ITSA may not be held liable for the temporary non-availability of its online services (malfunction, maintenance, etc.).
If an order is cancelled or postponed by the client, he will remain liable for the payment of all work performed and costs incurred up to the date of cancellation or postponement. Payment will remain due for any firm bookings of interpreters (including any expenses already incurred).
8. Delivery delay / Force majeure
Should a delivery become delayed (e.g. as a consequence of a power loss, a malfunction in the electronic transfer process, etc.), it will be sent again as soon as possible, or an alternative transfer medium will be agreed. This will not entitle the client to refuse acceptance of the subsequent delivery, nor to make any deductions from the payment. Should a delivery not be possible (e.g. due to force majeure), the client and ITSA will be entitled to withdraw from the contract. In each instance, the client will remain liable to pay for any work that has already been carried out. Cases in which even a partial delivery has become useless for the client are the exception to this.
Complaints must be submitted by the client to ITSA in writing within 30 days of delivery of the work, stating the reason for the complaint. In the case of justified complaints, ITSA will revise the work concerned at its own expense or grant a cost reduction.
10. Exemption from liability
ITSA will remain liable to the client for direct damages which it or its affiliated persons may cause as a result of gross negligence or deliberate intent. This liability is limited to the payment amount for the respective order.
Any liability, to the extent permitted by law, for slight negligence or for indirect damages, such as loss of profit, claims by third parties against the client, etc. is excluded (Article 100, Paragraph 1; Article 101, Paragraph 2; Swiss Code of Obligations).
11. Place of fulfilment / Legal venue / Applicable law
The place of fulfilment for all obligations arising from a contract and the exclusive legal venue shall be Bern. Each order that is placed with ITSA shall be subject to Swiss law, in particular Article 363ff. (Contract for Services) of the Swiss Code of Obligations.
Bern, July 2014
The German text of the General Terms and Conditions (GTC) shall always prevail as being ultimately binding.