The following General Terms and Conditions shall apply to all legal transactions of AIVOX (Manador GmbH), hereinafter referred to as "AIVOX (Manador GmbH)", with its contractual partner, hereinafter referred to as the "Customer". Deviating general terms and conditions of the client shall not apply.
AIVOX is a service platform for various professional localization services. These include: the creation and editing of transcriptions, translations and audio productions (hereinafter "Services").
Documents can only be transmitted to us via the upload functions provided by the AIVOX Platform. No other transmission is possible.
Services will be performed in the best possible way and as quickly as possible within the bounds of operational possibilities. AIVOX shall also have recourse to external partners who have committed themselves to compliance with our data protection and quality guidelines.
All orders for services shall be treated as strictly confidential. Our employees and partners are committed to confidentiality.
We reserve the right to ask the client for clarification of individual statements or representations in text templates, but are not obliged to do so. We shall also fully comply with our service obligation if, in such cases, we work out the service on the basis of the meaning understood by us to the best of our knowledge and general understanding of the language, applying the necessary care.
If the result of the service is to be presented in writing, only this written presentation shall be authoritative. Unless otherwise agreed, AIVOX (Manador GmbH) shall reimburse the service electronically (e.g. file), unless AIVOX (Manador GmbH) chooses another type of reimbursement. The delivered documents shall be stored in the customer account of the website and the customer shall be informed thereof by e-mail.
Oral declarations and information provided by employees of AIVOX (Manador GmbH) outside the scope of the placed order are non-binding.
Technical terms will be translated (translation) or spoken in (voiceover) into the generally accepted version unless special instructions or documents are sent along with the order. If the client desires the use of specific terminology, in particular company-specific terminology, he must expressly state this when placing the order, otherwise any obligation to perform shall lapse. (Obligation)
The customer's project request to AIVOX (Manador GmbH) via the online platform is non-binding. AIVOX (Manador GmbH) first checks the project details and creates a dedicated offer, which is usually sent to the customer via e-mail. The contract is only concluded when the customer accepts the offer and confirms it in writing.
The customer shall inform AIVOX (Manador GmbH) in good time of any special forms of performance of the service. The customer shall provide AIVOX (Manador GmbH) with the information and documents required for the provision of the service in good time and without being requested to do so. Audio and video documents must be understandable and free of quality disturbances, text templates must be written according to the rules of modern spelling and punctuation and contain only clearly understandable (also for external parties) and unambiguous formulations and terms.
AIVOX (Manador GmbH) shall not be liable for errors resulting from non-compliance with the obligations stated in this contract.
Unless otherwise agreed, remuneration shall be due 14 days after delivery. To the extent permitted by law, value added tax shall be charged additionally.
If an order is cancelled, the costs incurred up to the time of cancellation shall be reimbursed and the parts of the service already rendered up to the time of cancellation shall be paid.
From the due date, merchants may be charged interest on the due date in the amount of the interest rate customary for banks in each case for short-term loans. In the event of default in payment, AIVOX (Manador GmbH) shall be entitled to demand default interest in the amount of 5% above the discount rate applicable at the time, unless the customer proves a lower interest charge. Any discounts and rebates granted shall only apply if the corresponding invoice is paid on time.
A set-off with counterclaims is only permissible if these are undisputed or legally established.
AIVOX (Manador GmbH) accepts no liability for errors in services caused by the client as a result of incorrect or incomplete information or incorrect documents. Otherwise, AIVOX (Manador GmbH) shall only be liable in cases of intent and gross negligence. Liability in the event of slight negligence shall only apply in the event of breach of essential contractual obligations for foreseeable damage. In the latter case, however, liability for financial losses is limited to the amount of the fee for the corresponding service.
AIVOX (Manador GmbH) shall not be liable if one or more voiceovers selected at the time of ordering are not available. Instead, AIVOX will propose an adequate replacement to the customer. Should the substitute speaker(s) not be acceptable, the client has the right to cancel the order. The paid costs will be refunded.
If the service cannot be provided on time or not at all due to force majeure or other unavoidable events for which AIVOX (Manador GmbH) is not responsible, any liability shall lapse. This shall also apply to the loss of the documents handed over to us due to circumstances for which we are not responsible.
If claims are made against AIVOX (Manador GmbH) due to an infringement of an existing copyright due to a service rendered, the customer undertakes to fully indemnify AIVOX (Manador GmbH) from liability insofar as the customer is at fault.
AIVOX (Manador GmbH) reserves the right to rectify defects. The customer shall be entitled to the removal of possible defects contained in the service and defects for which AIVOX (Manador GmbH) is responsible, which AIVOX (Manador GmbH) will remove within a reasonable period of time. The claim for rectification must be asserted by the customer within one week of becoming aware of the defect, giving precise details of the defect. In case of failure of the rectification / replacement delivery within a reasonable period of time, the warranty rights will revive, unless another agreement has been made. Special date requests must be confirmed in advance by AIVOX (Manador GmbH). In the event of failure of the rectification / replacement delivery within a reasonable period of time, the warranty rights shall revive, unless otherwise agreed. Special deadline requests must be confirmed in advance by AIVOX (Manador GmbH).
The risk shall pass to the Client upon the transfer of the rendered service to the Client.
The customer undertakes not to entice away any employee of AIVOX (Manador GmbH).
Until full payment for the service, the client does not receive any rights of use and exploitation of the service. AIVOX (Manador GmbH) reserves its copyrights (§3 UrhG according to German Law) to the service.
For all present and future claims arising from the business relationship with business customers, including claims arising from bills of exchange and checks, the exclusive place of jurisdiction is the registered office of AIVOX (Manador GmbH). The place of fulfilment for business relationships with business customers is also the registered office of AIVOX (Manador GmbH).
The law of the Federal Republic of Germany shall apply, with the exception of the UN Convention on Contracts for the International Sale of Goods.
Amendments or supplements to this contract must be made in writing.
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected.
As of January 30, 2022
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