Terms and conditions apply to all business activities of Infohilfe Plus, Ružica Tadić Tomaz, seated in Königstr. 71, 90402 Nuremberg (hereinafter referred to as: Infohilfe Plus), with the clients. Terms and Conditions also refer to future business activities.
This disclaims any possibility of the Client derogating from Terms and Conditions.
Derogating from Terms and Conditions shall only be accepted by Infohilfe Plus in cases when it is explicitly agreed upon or stipulated by the legislator.
Terms and Conditions consist of General provisions and Special provisions for consulting (II.), translation (III.), interpretation (IV.), proofreading and text drafting (V.) and language courses and intercultural coaching (VI.).
Terms and Conditions may be downloaded and printed by the ClienInternet: www.infohilfe-plus.de/hr/agb.html or requested in written form via E-mail: firstname.lastname@example.org.
Article 1 General provisions
(1) Infohilfe Plus’s offers are created freely in terms of price, quantity, deadline and manner of delivering.
(2) Infohilfe Plus’s Terms and Conditions shall be deemed valid, whereas contradictory conditions shall not be valid unless Infohilfe Plus receives the written complaint stating in detail the type and extent of conditions declined by the Client.
(3) Amendments and additional agreements need to be agreed upon in writing; individual agreements shall be given priority.
(4) In case of obvious mistakes, spelling or typing errors, and oversights in invoicing, the Client shall not be entitled to claim the compensation from Infohilfe Plus.
(5) The Client’s Terms and Conditions shall be binding for Infohilfe Plus only if Infohilfe Plus agrees to it in writing.
Article 2 Service request
(1) The Client shall request the service in writing, in electronic or other form.
(2) Telephone or other requests not given in writing shall only be considered if they are in the interest of obstacle-free cooperation. The problems that may arise out of such communication shall be charged to the Client.
(3) The request shall be considered accepted, only if Infohilfe Plus confirms it in writing. The task confirmation shall include the type of the requested service, scope of work, deadline, price and method of calculating the service.
(4) Infohilfe Plus shall not be deemed liable for the extension of the deadline or for shortcomings in executing the request that arose from unclear, inaccurate or incomprehensible instructions, from mistakes, misunderstandings or mistaken wording.
(5) At least 24-hour advance notice shall be given for cancellations of consulting services, interpretation and individual tuition or coaching. The appointments that are cancelled too late shall be charged for.
Article 3 Executing requests via third parties
(1) Infohilfe Plus is allowed, in order to execute any business requests and if it serves the purpose or contributes to success, to provide service third parties. When providing service third parties, Infohilfe Plus shall only be responsible for cautious and conscientious choice. It is deemed that the duty of conscientious and cautious choice has been fulfilled if the authorised party is a professional with whom Infohilfe Plus or a company familiar with it has had successful cooperation.
(2) The business relation, essentially, exist only between the Client and Infohilfe Plus. The contact between the Client and the third party entrusted with executing the task, shall be approved by Infohilfe Plus.
Article 4 Payment and Sales Tax (VAT)
(1) The prices are stated in EURO, unless otherwise agreed.
(2) In case of an extensive request for service, advance or instalment payment may be required, in accordance with the scope of service.
(3) The agreed fee, i.e. the price, includes the net amount and additional sales tax (VAT), unless stated otherwise.
(4) The invoices of up to 200.00 € net shall be paid immediately in cash. The Client shall pay other invoices within 14 days after issuance of invoice, unless otherwise agreed. If the Client is overdue with the payment of a due commitment, Infohilfe Plus may, in accordance with legal provisions, request the payment of compensation, and/or rescind the contract.
(5) Infohilfe Plus shall always issue an invoice to the clients, which may be delivered via e-mail as a PDF file.
(6) If the request is changed or cancelled, i.e., if the conditions to fulfil the service have changed, the client shall compensate Infohilfe Plus for the expenses incurred for those reasons and reimburse third parties for their expenses.
(7) In case the Client rescinds the contract prior to the execution of the request for service, Infohilfe Plus may request an appropriate part of the agreed fee as compensation.
(8) Upon the presentation of relevant receipts the Client shall separately compensate the expenses incurred by the third party, their business and personal expenses, personal costs for business purposes and representational costs.
Article 5 Obstacles, force majeure, closing down and limited scope operation, server and network errors, viruses
(1) Infohilfe Plus shall not be liable for any damage caused by the difficulties in business, especially the ones caused by force majeure, e.g. natural causes, traffic problems, server and network errors, or other possible difficulties in data management and transfer which Infohilfe Plus is unable to prevent. In such special cases Infohilfe Plus has the right to fully or partially rescind the contract.
(2) The same applies in case Infohilfe Plus needs to limit or discontinue business operation for an important reason, which especially refers to online services.
(3) In any case Infohilfe Plus shall not be deemed liable for the damage caused by viruses. To minimize such a risk Infohilfe Plus uses antivirus programmes and advises all its clients to do the same.
(4) When the document is delivered electronically, the Client shall carry out the final check of data and text. Any damage compensation claim for the mentioned reasons shall not be considered.
Article 6 Liability and complaints
(1) Infohilfe Plus shall not be liable for the loss of materials received from the Client if Infohilfe is not responsible for their loss. The Client shall attend to the sufficient safety of his data.
(2) Infohilfe Plus shall bear full liability only in cases of intentional and gross negligence; the liability for slight negligence sets in only in case of a breach of fundamental contractual obligations.
(3) If Client fails to immediately submit complaints in writing, or within two weeks at the latest (receipt by Infohilfe Plus), the service shall be deemed as approved, i.e. as faultless. In such a case, the Client rescinds the right for entire compensation that he may have been entitled to in case of faulty service.
(4) If Client submits a complaint with a detailed description of the objective faults within two weeks , Infohile Plus shall first have the option to carry out the amendments. The same applies to urgent requests with short deadline. If the amendment was obviously unsuccessful, the Client is entitled to have the price reduced or receive a substitute service. Other rights, including the right to damage compensation due to the failure to meet the obligation, cannot be claimed. The compensation for liability is in any case limited to the (pecuniary) value of the mentioned request.
(5) Any damage compensation claims against Infohilfe Plus shall be limited to the invoiced net amount unless otherwise stipulated by law. This limitation for damage compensation claims shall not include damage caused by intentional and gross negligence. There shall not be any liability for unachieved gain or for indirect damage. In any case, the compensation for indirect damage and unachieved gain is precluded.
(6) Waiving the right to damages in favour of a third person is explicitly precluded.
Article 7 Data protection
(1) The Client is acquainted and agrees with Infohilfe Plus storing the necessary personal data on a data carrier. The Client explicitly agrees with the collection, processing and use of data. The stored personal data shall assuredly be treated by Infohilfe Plus with utmost care and reliability. The collection, processing and use of personal data shall be done in accordance with the German Federal Act on Data Protection, and the Telemedia Act.
(2) Personal information can also be used, with the Client’s explicit prior consent, to advise the Client about the services, advertising and other offers.
(3) The Client has the right to revoke his consent regarding any future forwarding of information. In such a case Infohilfe Plus shall immediately erase all the Client’s personal data. In case of an ongoing contractual relationship, the data shall be erased upon the completion of the relationship.
Article 8 Protection of data confidentiality
(1) Infohilfe Plus shall protect the secrecy of all data known to Infohilfe Plus, which is linked with the Client’s business.
(2) Given the electronic transfer of texts and data, and other possible means of communication in the electronic form between the Client, Infohilfe Plus and possible assistants in executing the tasks, Infohilfe Plus cannot ensure full protection of business secrets, secret data and other confidential data and information. This does not preclude the possibility of an unauthorised third party accessing the delivered data and texts.
Article 9 Applicable law and court jurisdiction
(1) The business relations between Infohilfe Plus and the Client shall be subject to the German law with regards to the exclusion of the United Nations (Vienna) Convention on Contracts for the International Sale of Goods.
(2) The Court in Nuremberg, Germany, shall have the jurisdiction over any disputes that may arise, as long as this is permitted.
Article 10 Salvatory clause
Should any part of this agreement be invalid for any reason, other provisions of the Terms and Conditions shall remain valid.
(Special provisions are available only in the German language.)