General Terms & Conditions

Last amendment: 04. September 2016

Definitions
1.
The following definitions shall apply hereinafter:
“GTC” General Terms and Conditions
“TranslatorSpot” website/portal
“customer” freelancers/agency and users advertising with TranslatorSpot
“website” all the collective pages and downloadable files under the domain translatorspot.com

Scope
2.
These GTC regulate the contractual relationship between TranslatorSpot and the customer.
3.
The customer confirms these GTC when he/she registers on the website.

Prices and payment terms
4.
The prices and contract terms published on the website at the time of order shall apply for all the services of TranslatorSpot. The prices are quoted in euros, exclusive of statutory value added tax.
5.
TranslatorSpot reserves the right to change the prices at any time.
6.
Payments shall be made via the third-party provider PayPal. The amounts shall be charged to the customer at the time of order.

Rights and obligations of the contracting parties
7.
Advertisements shall generally be published within ten working days after receipt of the payment. If it takes longer for the advertisement to be published, the customer shall be contacted. If no contact is made, the customer may withdraw from the contract.
8.
The customer shall allow TranslatorSpot to publish the advertisement on its own website and on other websites and social media channels.
9.
The customer shall permit TranslatorSpot to have his/her advertisement evaluated by other users of the website. TranslatorSpot shall not be obliged to monitor the content of evaluations.
10.
TranslatorSpot shall not be obliged to monitor the content of advertisements. TranslatorSpot shall, however, be entitled to return the advertisement for revision or to edit or delete it without providing justification, if it contravenes the law in the estimation of TranslatorSpot.
11.
The customer shall keep assigned passwords and usernames confidential. If this data of the customer is acquired by third parties and if it is misused by third parties, the customer shall be liable to pay damages to TranslatorSpot.

Terminating the contractual relationship
12.
Before expiry of the contract term, the customer shall receive an invoice for renewing the contract. If the payment is not made, the contractual relationship shall be terminated. The access authorisation to the customer profile on the website shall expire and the customer’s advertisement shall be deleted.
13.
TranslatorSpot does not guarantee the availability of the website. It reserves the right to make changes, to cause short disruptions and to completely terminate the website. The customer shall not be thereby entitled to make any claims to withdrawal from the contract, reimbursement of services, discounts, damages or other claims.

Exclusion of liability
14.
Liability of TranslatorSpot for direct damage is expressly excluded, subject to mandatory legal provisions. Liability of TranslatorSpot for indirect damage or for consequential damage, regardless of the legal grounds, is completely and expressly excluded.
15.
TranslatorSpot shall not be liable for damage caused by the conduct of the customer or of third parties in connection with the use of the website.
15a
The content of the website is checked regularly. TranslatorSpot cannot, however, assume any liability for the topicality, completeness or accuracy of the published content. There are certain links on the website of TranslatorSpot to the websites of third parties. These are removed from the influence of TranslatorSpot, and TranslatorSpot therefore accepts no liability for any claims in connection with the use of websites of third-party providers.
15b
The customer shall be responsible for the strength and security of his/her password. TranslatorSpot takes appropriate measures to protect the stored data from unauthorised access.
16.
The customer shall be responsible for the content of his/her advertisement. He/she shall guarantee the legality, correctness and topicality of the content. The customer shall be solely liable for damage caused through the advertisement.
17.
The respective authors of the evaluations shall be responsible for evaluations of the customer’s advertisements (see clause 9 above). TranslatorSpot shall not be liable for damage caused in connection with evaluations.
18.
If third parties assert claims due to the violation of their rights by advertisements published by the customer or due to other use of the website by the customer, the latter shall indemnify TranslatorSpot from all claims and shall also bear the costs of legal defence (incl. court costs and legal fees) of TranslatorSpot.

Data protection
19.
The data stored by the customer shall not be passed on to third parties.
19a
Web analytics and Remarketing
This website uses Google Analytics and Google Remarketing. These are services provided by Google Inc. (“Google”). Google uses “cookies”, or text files that are stored on your computer to help analyse how users use the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the US and stored there. The IP address is then shortened by Google to exclude the last three digits; an unambiguous assignment of the IP address is thus no longer possible. Google adheres to the privacy policy of the “US Safe Harbor” Agreement and is registered with the “Safe Harbor” program of the US Department of Commerce. Google will use this information to evaluate your use of the website, compile reports on website activity for website operators and provide others with website and internet-related services. Google may also transfer this information to third parties where required by law or where such third parties process the information on Google’s behalf. Third parties, including Google, show ads on sites on the Internet. Third parties, including Google, use stored cookies to show ads based on previous visits by a user on this website. Google will not associate your IP address with any other data held by Google. The data collection and storage can be revoked at any time with effect for the future. You can disable the use of cookies by Google in your browser software settings by visiting www.google.de/privacy/ads and clicking the “opt-out” button. Alternatively, you can disable the use of cookies by third parties by visiting the deactivation page of the Network Advertising Initiative under http://www.networkadvertising.org/managing/opt_out.asp. For more information about the terms of Google, please visit www.google.com/intl/de/privacy. We point out, however, that you may not be able to use all features of this website in this case. By using this site you consent to the processing of data about you by Google in the manner and for the purposes described above.

Transferring the legal relationship
20.
TranslatorSpot reserves the right to transfer some or all of the rights and obligations from these GTC to a third party or to allow them to be exercised by a third party.
21.
The current or former customer may not transfer any rights or obligations towards TranslatorSpot to third parties.

Amending the GTC
22.
TranslatorSpot shall be entitled to amend the GTC at any time and to publish the current version on the website.
23.
The customer shall be notified of substantial amendments to the GTC within a reasonable time period before they come into effect. If the customer makes no objection to the amendment before it comes into effect, the amended GTC shall be considered accepted. If the customer makes an objection to the amendment before it comes into effect, TranslatorSpot shall be unilaterally entitled to withdraw from the contract.

Place of jurisdiction and applicable law
24.
The place of jurisdiction shall be Switzerland, subject to other mandatory legal provisions.
25.
Swiss law shall apply to this contractual relationship.

Severability clause
26.
If individual provisions of these GTC are completely or partly invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts thereof shall be unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come closest economically to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply for any gaps in the regulations.