§ 1) Data protection
Panorama Languages AG (hereinafter referred to as Panorama Languages) undertakes to treat all transmitted documents and information as confidential and, to the best of its knowledge and belief, to maintain silence about all facts and connections that become known in connection with business relations with our clients. Freelancers are placed under an obligation of discretion. You will find our full data protection declaration in accordance with the General Data Protection Regulation (EU GDPR) here.
§ 2) Order placement procedure
The orientation of the business structure of Panorama Languages favours the placement of translation, proofreading or layout orders through an online procedure. For this purpose, a contact form has been created, which the client can complete by providing a more specific order description (intended use, source language, target language, specific terminology requests, number of words, etc.). All necessary additional information required to process the order (explanations, drawings, glossaries, templates) must be submitted by the client unprompted. Errors, delays or impairments of quality resulting from a failure to take the aforementioned points into account, or from imprecise or incorrect information, are at the client's expense.
§ 3) Order execution
Panorama Languages is permitted, insofar as it appears expedient or appropriate, to make use of third parties to carry out the assigned tasks. The fundamental business relationship, however, exists exclusively between the client and Panorama Languages and excludes direct contact between clients and third parties without the consent of Panorama Languages. The work of Panorama Languages is mainly carried out by order-bound staff.
§ 3b.) Unless otherwise agreed, Panorama Languages is permitted, after completed delivery, to include the client in the reference list. This includes the use of trademarks, which are used merely for illustration.
§4) Delivery
A delivery is deemed to have been made as soon as the respective order work has been dispatched to the client. Stated delivery periods are approximate values and are to be regarded as anticipated dates, which are stated by Panorama Languages to the best of its knowledge and belief. Panorama Languages assumes no liability for any additional expenditure of the client due to failure to meet the stated periods.
The client is responsible for checking the completeness of the transmitted data. The client is requested to confirm receipt of the material in question in writing. The dispatch of the completed work is at the client's risk. Panorama Languages assumes no liability for faulty, incomplete or damaged transmission of the material to be delivered, or for its loss, for example by electronic transport route.
§5) Retention of title and payment terms
Invoicing is carried out, unless otherwise agreed in writing, electronically by e-mail in PDF format. Delivered translations, or other order work, remain the property of Panorama Languages AG until full payment. Until the time of full settlement of all claims by the client, the copyright in the respective works lies with Panorama Languages and there is no right of use. Reproductions of any kind of the delivered material until then entail licence fees.
A period of 10 days from the invoice date is set for the full settlement of the claims of an invoice amount, with the exception of first orders, for which the rule of advance payment applies. Exceeding the payment deadline entails standard bank interest and collection costs, after Panorama Languages has issued a one-time reminder by e-mail, fax or post. Subsequent corrections do not effect any deferral of payment.
All prices shown are net prices in euros and subject to change. As our registered office is located outside Germany, we do not charge VAT there. The tax liability passes to the client pursuant to § 13b USTG.
§ 6) Scope of application
The listed terms and conditions apply to all business dealings of Panorama Languages, with its head office in CH-9100 Herisau, Schützenstrasse 38 O. The terms and conditions are accepted by clients through reading the website, through placing an order or through other business-relevant interactions, and apply for the entire duration of the business relationship. Future business is thereby included. The client's terms and conditions are only binding for Panorama Languages AG if they have been expressly accepted.
Further agreements with our clients that deviate from the terms and conditions are only valid if they have been signed by both parties in a legally valid manner. All other provisions then continue to remain valid.
Contractual relationships and other business connections between Panorama Languages and clients are subject exclusively to the law of the company's location, Switzerland, to the exclusion of international sales law. For all disputes, the place of jurisdiction for both parties is Baar, Switzerland.
§7) Validity
As a result of an initial or subsequently arising invalidity of one or more provisions of the terms and conditions, the validity of the remainder is not affected. A valid provision that comes closest to the economic and legal purpose then applies as agreed.
§8) Liability
Unless more specific agreements have been made regarding specific requirements of a translation or other work, it is produced by the contractor to the best of its knowledge and belief, orthographically and grammatically correct, complete and faithful to the meaning for the purpose of information. The client has the right to raise written objections within 10 working days (receipt by us). If this option is not exercised, or the stated deadline is exceeded, the translation is deemed approved, or the result of an order work is deemed accepted. In this case, the client waives all claims to which it would be entitled in the event of a defect. If, however, an objectively identifiable and demonstrably significant defect is complained of, it must be described as precisely as possible in order to give the contractor the opportunity to rectify it. In the case of the correction of rush orders (more than 10 standard pages/250 lines/or 2500 words per working day), the client must grant a reasonable period for rectification. If such correction is demonstrably unsuccessful, there is the possibility of a second and third revision. Should these attempts objectively fail, the client has the right to withdraw from the contract, reduce the invoice amount or rescind. Claims for damages due to non-performance are excluded. Liability is in any case limited to the typically occurring, foreseeable damage and is limited to the amount of the order volume of the translation or the respective other work. We are liable only in the case of intent and gross negligence.
Panorama Languages AG assumes no liability for those translation errors, or other specific defects, that are attributable to incomplete, incorrect or illegible information provided by the client. This also includes defects arising from errors in the (e.g.) electronic transmission or document format conversion. The important statement of the intended use for the translation order (advertising purposes, printing, publication, etc.) implies no liability for any unsuitability of the translation, or any possible reputational damage to the company concerned. If Panorama Languages is held liable on account of a translation for infringement of copyright, the client indemnifies us against liability in full.
§ 9) Withdrawal, termination, assignment, delay in delivery, impossibility
A contract can only be terminated by the client up to the completion of a translation or another order by stating important reasons in writing. Panorama Languages AG is entitled to damages in the amount of the full order value for the lost profit.
A withdrawal from the contract by the client in the event of a delay in performance or impossibility by Panorama Languages is only possible if the threefold opportunity for rectification by the contractor has demonstrably failed and a reduction is excluded, as well as in the event of an unreasonable delay in delivery, after the expiry of a reasonable grace period established in writing by the client. The assignment of rights under a contract by the client requires our written consent.