Terms & Conditions

Our Terms and Conditions state our terms on issues such as payment, confidentiality and copyright. By using this site, you indicate that you agree to these terms of use. For queries or concerns regarding the contents, or if anything is unclear, please do not hesitate to contact us. You may also find the information you need on our FAQs page.

 

General Terms and Conditions

Max Grauert GmbH, Schlossstr. 7b, 21465 Reinbek provides translation services under the name cengolio.net.

1. Scope of validity

The following General Terms and Conditions regulate the business relationship between Max Grauert GmbH, Schlossstraße 7b, D-21465 Hamburg-Reinbek (hereinafter “we”) and the customer. We operate solely on the basis of our General Terms and Conditions set out below. Our General Terms and Conditions can be viewed at http://www.cengolio.net/terms-conditions and can be printed or saved to your computer. General Terms and Conditions which oppose or deviate from these are not applicable or deemed valid. On no account shall they become part of the agreement, even if we do not explicitly disconfirm them. The version available on our homepage at the time the order is placed is the valid and applicable version.

2. Contents

We provide a free support platform. The contractual relationships with the translators exist exclusively and without exception between ourselves and the translator.

3. References and links

The hyperlinks on our webpages may lead to other webpages on the Internet. The following applies to all such links: We explicitly declare that we do not have any influence on the configuration or contents of these linked webpages. Therefore, we explicitly disassociate from the contents of webpages accessed through our website in any way, which may not reflect our own views and opinions.

This declaration applies to all hyperlinks on the webpages, whether visible or concealed, and to the content of all webpages to which these hyperlinks lead.

4. Conclusion of contract

a.    The contract is deemed concluded when the client has confirmed the offer and our  General Terms and Conditions.

b.    The contract is between the client and Max Grauert GmbH, Schlossstr. 7b, 21465 Reinbek. Max Grauert GmbH, Schlossstr. 7b, 21465 Reinbek provides translation services under the name cengolio.net.

5. Payment terms

a.    With the conclusion of the contract and issuing of the invoice in electronic or other form, a prepayment of the stipulated fee is due. If the client chooses to receive an invoice by post, additional costs shall incur.

b.    With the conclusion of the contract and issuing of the invoice in electronic or other form, a prepayment of the stipulated fee is due.

6. Offsetting

If the client wishes to offset a monetary claim, this is restricted to undisputed or legally binding claims. This also applies if the client makes a complaint or a counter-claim. However, the client can exercise a right of retention if his/her counter-claim is based on the same contract.

7. Acceptance and claims for damage

a.    We are committed to translating professionally and accurately without altering content in any way. Translations are carried out according to the sense of the text and to the quality standards generally accepted in the translation industry of each language. We may reject translations if the contents are illegal or if the text contains highly specific technical terminology

b.    The translations can be delivered by email or made available online. After completion, the client can download the translation from our server interface. We bear the risk of data loss for 14 days after the translation has been made available for download. The client must ensure that the translation is downloaded within these 14 days. After these 14 days, the client exempts us from liability for any damages resulting from the loss of translations.

c.    The client is obligated to accept translations as soon as they have been sent to him/her. Should the translation prove not to be as specified in the contract, we are then obligated to remedy the defect. This does not apply if the defect is insignificant to the client’s interests or results from circumstances for which the client is responsible. If there is no significant defect, the client cannot refuse to accept.

d.    If the client does not make any claims of defects within 12 working days after the delivery of the translation, the service is accepted as free of defects.

e.    After this time we are no longer liable for obvious faults, unless the client has specifically designated conditions under which acceptance of the translation would be refused.

f.     Defects are deemed to be significant deviations from the original text or inaccurate interpretations of the content. Stylistic improvements, such as the use of synonyms, do not constitute defects in the translation. We assume liability only for the correct reproduction of names and addresses in documents if the original document is presented in Latin characters or if the correct conversion is explicitly authorised by the client. If the client cannot read the translation in full for technical reasons on the receiving end, this is not deemed a valid defect. Translations are delivered in UTF-8 format or in a UTF-8 code compatible format.

g.    Should the Client give notification of an objectively existing and significant deficiency in the translation, the Client shall describe the deficiencies as precisely as possible. The Client and contractor (cengolio) will mutually agree on an appropriate respite to rectify the deficiency.

h.    Should cengolio not rectify the deficiency in due time, the Client may choose to withdraw from the contract or demand a discount. Neither the right to withdraw nor the right to reduce payment shall exist in the event of immaterial or insignificant deficiencies.

8. Liability

cengolio as well as its representatives or vicarious agents shall not be liable for any loss or damage or personnel infringement with regard to any translation contract and/or interpreter services except for gross negligence or intent and for damages resulting from death or injury to body or health according to the provisions of the Product Liability Act and due to the confirmation of the lack of a deficiency .

Liability for slight negligence shall be excluded unless it is the result of a culpable violation of essential contractual obligations; in the latter case liability shall be limited to foreseeable damages typical for this kind of contract.

Contractors website (www.cengolio.net) uses Google Analytics, a web analysis tool of the Google Inc. ("Google"). Google Analytics uses so-called cookies, text files to be stored on your computer. By using this website, you shall agree to the processing of the data, which Google collects on you in the previously described manner and for the previously stated purpose. Alternatively, please contact us directly, we will be happy to help you.

9. Statute of limitation

The claims of the Client against cengolio shall become time-barred in one year as of the statutory begin of the limitation. Claims under section 8 shall be excluded. In this case the statute of limitations shall apply.

10. Alterations or amendments to the General Terms and Conditions

cengolio shall be allowed to alter or amend these General Terms and Conditions at any time. cengolio shall inform all Clients with a current contract of alterations or amendments and shall provide the Client with a revised version. Should the Client not agree to the alteration or amendment, the Client shall object within 21) days upon notification . The Client shall otherwise be considered to have agreed to the new version. cengolio shall notify the Client of the implications of the new version with the notification and remittance of the new version.

11. Subsidiary agreements

Verbal subsidiary agreements before or at conclusion of contract shall be ineffective.

12. Non-disclosure

cengolio shall constantly continue to develop the platform and maintain it using the best available technology. However, cengolio cannot guarantee that the service is 100% available, free from viruses or sabotage programs or access by unauthorized third parties. This risk herewith shall be explicitly pointed out to the Client. The Client shall exempt cengolio from any liability resulting from this section unless section 8 applies.

13. Confidentiality

cengolio is committed to absolute confidentiality regarding the content of the translations as well as interpreter services to be made, the Client name and other Client-related information and shall not use this information for itself nor for other third parties.

14. Non-solicitation

The Client shall be obligated to neither contact the respective translators for the duration of the contract with cengolio nor to headhunt the translators within one year after the end of the contractual relationship with cengolio.

15. Jurisdiction, Place of Fulfillment and Applicable Law

a.    The place of fulfillment shall be the registered office of cengolio.

b.    As far as permissible, the business location of cengolio shall be stipulated as the place of jurisdiction.

c.    The laws of the Federal Republic of Germany shall apply for the translation assignment and for all claims resulting from it.

d.    Place of jurisdiction is Hamburg, Germany

16. Title retention

The translation shall remain the property of cengolio until full payment thereof.

17. Copyright

a.    cengolio shall hold the copyright to the translation. The Client shall guarantee that the translation or other services and their later use by the Client does/do not violate any of cengolios or third party copyrights, property rights and/or any intangible rights and in the event of an infringement, the Client shall exempt cengolio and, if applicable, any other persons personally liable from all damages, costs and expenses. This shall also include the necessary costs of legal proceedings.

b.    The contents of the cengolio website are also copyrighted. The contents of this website may not be reproduced or processed, duplicated, distributed or used in any other manner using electronic or other systems without the explicit consent of cengolio unless the copyright expressly allows for it. Unauthorized use can violate applicable laws, including applicable copyright and trademark laws and subsequent indemnification claims.

18. Severability Clause

Should a provision be completely or partially ineffective, the validity of the remainder of the contract shall remain unaffected thereof. The contract shall then be interpreted and applied so as to reflect the best interests of the contractual parties. Apart from that, the legal provisions shall apply.

Contact

UK: +44 -203287-5890

US: +1-(646) 583-2449

e-mail: contact@cengolio.net