General Terms and Conditions

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E-mail: info@unker.com

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General Terms and Conditions
for Text, Image, Consultation and Advertisement Services
of Lektorat Unker

(As of: February 9th, 2015)

  1. General
    1. These general terms and conditions (GTC) apply to all business transactions between Evgenij Unker, owner of Lektorat Unker, (hereinafter Lektorat Unker) and his customers (hereinafter clients).

    2. The current address and complete contact details for Lektorat Unker are given at http://www.unker.com/legal-notice.

    3. The current version of these GTC is available at http://www.unker.com/terms-and-conditions and will also be sent to the client upon inquiry via post or by electronic means.

  2. Purpose and Scope of Services

    1. The range of services of Lektorat Unker includes primarily text, image, advertising and consultation services. The list and scope of offered services are continuously updated and adjusted to the market demand.

    2. Before the acceptance of the proposal, the concrete service will be aligned with the client as much as possible in terms of type, scope, deadline, and fee. In case of doubts concerning the scope of service or the price, the information stated on the website www.lektorat-unker.de applies at the time of proposal acceptance.

    3. The handling of all client commissions is subject to service contract law pursuant to § 611 et seqq. of the German Civil Code, unless agreed upon otherwise or unless it follows from the nature of the commission.

    4. Lektorat Unker is entitled to have the commission of the client executed by his employees, freelance employees and subcontractors. Lektorat Unker remains thereby the sole contractual partner of the client at all times.

  3. Establishment of the Contract

    1. A contract is established only when Lektorat Unker confirms this expressly in written form (whether by email or letter).

    2. Through the acceptance of the proposal, the client confirms that he or she has acknowledged and accepted these GTC.

    3. All offers from Lektorat Unker at www.lektorat-unker.de are non-binding and subject to change.

  4. Withdrawal

    1. The client has the right to withdraw from the contract at any time. The withdrawal must be submitted to Lektorat Unker in writing. The portion of the service completed before the date of receipt of the withdrawal must be paid in full. The client shall compensate moreover all other expenses and losses incurred in confidence of the validity of the contract.

    2. Lektorat Unker may withdraw from the contract, in particular if in the course of the commission process it becomes clear that the matter of the service (text, image, website, programme etc.) violates applicable law or recognized moral standards. The aforesaid in paragraph 1 in regards to the remuneration of costs incurred and the compensation for work already completed applies also in this case.

  5. Liability of Lektorat Unker

    1. Lektorat Unker commits himself to execute the commission of the client with the greatest possible care. A guarantee of complete absence of errors in the service provision is barred however by virtue of the nature of most of the offered services.

    2. All produced or edited texts, images and other products are understood to be suggestions and recommendations and therefore always require a review by the client.

    3. The client may submit a complaint and make known errors regarding the service within two weeks after the completion of the commission. A complaint due to negligible error is barred. The commission is deemed to be approved if no complaint is made within the aforementioned time period. In the case of a complaint, the client shall substantiate the errors in writing; he shall afford Lektorat Unker an appropriate time period for the amendment of the commission. Only if this amendment fails, that is, if after the amendment substantial errors still remain, or if such an amendment is not possible by virtue of the type of service, Lektorat Unker shall lose his claim to remuneration either in part or in whole in accordance with the substantiality of the errors.

    4. Lektorat Unker is liable only in case of demonstrable intent or gross negligence, in total however only to the extent of the agreed upon fee. Lektorat Unker is not liable for losses or delays arising through force majeure, technical disruptions or the fault of the client.

  6. Prices and Terms of Payment

    1. Unless otherwise expressly agreed upon, Lektorat Unker shall send the invoice in PDF format via email to the client after completion of the commission.

    2. The client shall pay the appointed sum in the appointed method at the appointed time. Unless otherwise expressly agreed upon, the client shall pay within two weeks after the receipt of the invoice via wire transfer without deductions, and bearing all transfer and currency conversion costs.

    3. In individual cases, particularly in the case of large commissions, if the client has made late payments in the past or has his place of business or residence in a foreign country, Lektorat Unker may predicate the acceptance of the commission upon an advance payment either in part or in whole.

      d. If payment by instalments has been agreed upon, the sum total shall be due immediately should the client default on one instalment.

    4. The agreed upon price shall apply. If no price is expressly agreed upon or ambiguities with regard to the agreed upon price arise in arrears, the valid standard hour rate of Lektorat Unker shall apply in each case. This is available at …

  7. Dunning Costs, Contractual Penalty

    1. If the client does not pay as agreed—that is, not on time, not the agreed upon amount or not via the agreed upon method—Lektorat Unker is entitled to collect the default charges as determined by law as well as all other demonstrable losses incurred.

    2. Furthermore Lektorat Unker is entitled to send the client up to three warnings subject to charge at appropriate intervals.

    3. The client has no right to such warnings. Lektorat Unker may also commence court collection or other relevant judicial proceedings after the first, the second, or in fact without warning of any kind, in particular if by virtue of the communication of the client or other circumstances no voluntary settlement is expected.

    4. In the case of commencing court collection or other such judicial proceedings due to the fault of the client, a contractual penalty will be agreed upon. This sum serves as compensation for the expenditure of time that such a proceeding requires on the part of Lektorat Unker. All other damages remain unaffected by the contractual penalty and may be claimed additionally.

    5. The amount of the dunning costs and contractual penalty applicable in any case is available at ….

  8. Data Security

    1. Lektorat Unker treats all client data, including image and text material, as strictly confidential within the scope of applicable law. All employees and subcontractors called in where required for the execution of the commission are likewise subject to the obligation to confidentiality.

  9. Legal Venue and Separability Clauses

    1. Provided that contrary laws or agreements do not state otherwise, the following applies: The business relationship between Lektorat Unker and the client is subject exclusively to the law of the Federal Republic of Germany. The legal venue is Osnabrück.

    2. In the event that any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected.

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Working hours:

Monday – Friday:
UTC+1: 08:30 a.m. – 5:00 p.m.
UTC-5: 03:30 a.m. – 12:00 noon

We are often available after hours.