General Terms & ConditionsLast amendment: 04. September 2016
The following definitions shall apply hereinafter:
“GTC” General Terms and Conditions
“customer” freelancers/agency and users advertising with TranslatorSpot
“website” all the collective pages and downloadable files under the domain translatorspot.com
These GTC regulate the contractual relationship between TranslatorSpot and the customer.
The customer confirms these GTC when he/she registers on the website.
Prices and payment terms
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.
TranslatorSpot reserves the right to change the prices at any time.
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
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.
The customer shall allow TranslatorSpot to publish the advertisement on its own website and on other websites and social media channels.
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.
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.
The data stored by the customer shall not be passed on to third parties.
Web analytics and Remarketing
Transferring the legal relationship
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.
The current or former customer may not transfer any rights or obligations towards TranslatorSpot to third parties.
Amending the GTC
TranslatorSpot shall be entitled to amend the GTC at any time and to publish the current version on the website.
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
The place of jurisdiction shall be Switzerland, subject to other mandatory legal provisions.
Swiss law shall apply to this contractual relationship.
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.