Contractual Terms and Conditions
for freelancers, contractors
and subcontractors

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  • Terms and Conditions for Contractors (06.06.2016)

Contractual Terms and Conditions
for contractors, freelancers and subcontractors
to be agreed between the parties concerned and Lektorat Unker
(Updated: 06.06.2016)

  1. General Points

    1. These contractual terms and conditions are applicable to all business conducted between Evgenij Unker, the owner of Lektorat Unker (henceforth referred to as Lektorat Unker), and his contractors (henceforth referred to as the Contractors).

    2. The current address, together with details of all means of contacting Lektorat Unker, is provided at https://www.unker.com/en/legal-notice.

  2. Conclusion of the Contract

    1. A contract is only concluded when it is confirmed in writing, in the form of a text (e-mail) or a letter, by the aforementioned Lektorat Unker.

    2. By agreeing to the terms of the specific contract, contracting parties confirm that they have taken note of their contractual obligations and accepted them.

  3. Accurate and Current Information

    1. The Contractors must ensure that all information made available by them to Lektorat Unker, regarding their qualifications, previous work experience, and personal details, including information for tax purposes, is true and accurate and is constantly kept up to date.

    2. This requirement for truth and accuracy also applies to details given by the Contractor in publicity material, in correspondence with Lektorat Unker (electronically or by post) including the signature and letterhead, in invoices, in order confirmations, and on the Contractor’s website.

    3. These details are an essential component of the contract. In the case of inaccurate or invalid information, Lektorat Unker is legally entitled to withdraw from the contract, without any entitlement to remuneration on the part of the Contractor.

    4. Furthermore, Lektorat Unker is entitled to seek from the Contractor an appropriate fine for breach of contract, and/or damages for inaccurate information and the consequences thereof. The Contractor is entitled to present evidence on his or her own behalf.

  4. Adherence to Deadlines and to Required Standards of Quality

    1. The agreed deadlines and required standards of quality are an essential component of the contract, and shall be strictly adhered to by the Contractor. Prior to the commission being agreed, the specifics relating to the type and scope of work, deadline and remuneration are agreed with the Contractor with all possible precision. In case of doubt regarding the scope of the work, the information applies as posted on the website at www.lektorat-unker.de at the time of accepting the assignment.

    2. Should the Contractor fail to meet the deadlines or required standards of quality, Lektorat Unker will no longer be obliged to accept the work. In so far as time and practical circumstances permit, Lektorat Unker may allow the Contractor an appropriate period of time to improve the work further.

    3. If it is not possible within the given time or circumstances to improve the work as required, or should the Contractor fail to succeed in this, Lektorat Unker has the right to assume responsibility for taking the necessary steps to fulfil the order successfully and within deadline, as far as may be possible. The Contractor may be liable to costs arising from this.

    4. In serious cases of a failure to meet requirements, Lektorat Unker reserves the right to impose an appropriate level of fine on the Contractor, all other relevant claims for damages remaining unaffected by the fine.
  5. Completion of Work in Person

    1. The Contractor shall personally complete the agreed assignment from Lektorat Unker.

    2. A subcontracting firm shall in most cases use (exclusively) permanently employees to fulfil assignments for Lektorat Unker. The Contractor shall inform Lektorat Unker in advance that the work is being subcontracted out and not undertaken personally.

    3. The exceptional use by subcontractors of workers other than permanent employees in fulfilling assignments for Lektorat Unker is only permissible with the express advance agreement of Lektorat Unker.

  6. Communication Ban

    1. The Contractor shall not enter into direct contact with the customer unless Lektorat Unker has expressly requested this.

    2. In case of an infringement, Lektorat Unker may require the Contractor to pay a fine and/or damages as appropriate.

  7. Information Obligations

    1. The Contractor shall inform Lektorat Unker immediately of any foreseeable delay in meeting the agreed deadline or standards of quality.

    2. Similarly, Lektorat Unker shall inform the Contractor immediately of any change to the integral components of the agreement.

      Both parties shall seek to fulfil the assignment with maximum efficiency, while always working in the interest of the (end) customer.

  8. Copyright and Usage Rights

    1. All forms of exclusive usage rights on copyright-protected works (text, image, programme code etc.) arising from the assignment commissioned by Lektorat Unker shall be transferred in their entirety to Lektorat Unker.

    2. The transfer of these rights is fully covered within the agreed fee.

    3. Attribution is not obligatory in the case of further use by Lektorat Unker.

    4. Lektorat Unker has the right to make or allow at its discretion any changes deemed necessary to assignments received from the Contractor, or to sell such work on to its customers and business partners.

  9. Prices and Terms of Payment

    1. The exact price and terms of payment shall be agreed in advance. Unless a different arrangement is agreed, the agreed price includes all taxes (inclusive of VAT), all expenditures (postage, printing, etc.) and all remittance and currency conversion fees.

    2. The Contractor should carefully calculate in advance all anticipated expenditure and costs. A subsequent renegotiation is then only possible if the level of expenditure has changed as a result of changes made to the requirements (for example, if further text has been included, or subsequent additional research has been agreed).
    3. The Contractor will send the invoice to Lektorat Unker via e-mail in PDF format after Lektorat Unker has received and accepted the work. In the case of a permanent cooperation, or of multiple projects per month, the invoice is submitted on a monthly basis, at the end of the month.

    4. Lektorat Unker undertakes to make the payment within one month of receipt of a correct invoice (in most cases sooner).

    5. The payment method and the transfer costs shall be agreed with the Contractor at the time of the awarding of the contract. Should no agreement on these matters have been made at that point, Lektorat Unker will decide on the payment method to be used (such as bank transfer, PayPal or TransferWise). Charges will be borne by the Contractor.

  10. Data Protection

    1. The Contractor shall treat all data from Lektorat Unker and those of its customers, inclusive of pictorial and textual matter, in the strictest confidence, in accordance with the established legal framework.

    2. All associated workers and subcontractors who may be called upon to assist in fulfilling the contract shall likewise be bound by the Contractor to maintain confidentiality. The legal validity of Point 5 of these Terms and Conditions is not affected by this.

    3. Most particularly, the Contractor is not permitted to make reference, in published or in unpublished reference lists (lists of customers), to customers on whose behalf the Contractor has completed work commissioned by Lektorat Unker. It is perfectly permissible, however, to make general reference to Lektorat Unker as the commissioning party (without specifying in which projects or for which customers the work was carried out).
  11. Place of Jurisdiction and Severability Clause

    1. The business relationship between Lektorat Unker and the Contractor is governed exclusively by the laws of the Federal Republic of Germany. The place of jurisdiction is Osnabrück.

    2. Should any of the provisions of these terms and conditions prove invalid, or become so at a future date, the remainder of the provisions will not be affected by this.

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