Section 1
Terms and conditions validity
Words Laboratory operates an online agency for text-related services. These services are not solely provided by Words Laboratory itself, but also by independent certified professionals (such as professional translators, copywriters, editors, and proofreaders) under contract with Words Laboratory. However, all contractual relationships exist exclusively between the client and Words Laboratory, not directly with the respective specialist.
All services rendered by Words Laboratory are governed solely by these Terms and Conditions. By placing an order with Words Laboratory, the client acknowledges and accepts these Terms and Conditions. Any client conditions differing from these are explicitly waived.
Words Laboratory retains the right to modify or amend these Terms and Conditions at any time.
Supplementary agreements, confirmations, alterations, or additions to this contract must be in written form to be valid and enforceable.
Section 2
Contractual conclusion
Through the website, Words Laboratory generates a quotation based on the client's provided information.
The determination of document volume and corresponding pricing is carried out electronically. Words Laboratory explicitly retains the right to adjust the cost of text services according to the actual document volume (based on current Words Laboratory prices), even after the contract's establishment. This adjustment may occur if automated volume determination cannot be precisely executed due to technical limitations (e.g., unrecognized text fields within the document or formats, like PDF or XLS, that can't be accurately counted online in all cases).
The client confirms the quote by placing an online order. The contract is formalized upon completion of this electronic order.
Once the contract is in place, Words Laboratory initiates processing. Concurrently, the stipulated delivery timeline outlined in the contract commences.
Section 3
Scope of services and usage rights
Words Laboratory commits to crafting, revising, correcting, or translating a specified text provided by the client in the desired language, employing professional and meticulous standards. In the context of translations, Words Laboratory guarantees the preservation of content integrity, refraining from making any alterations, additions, or content changes. Translations are executed either literally or while accurately conveying meaning and cultural nuances, aligned with the prevailing, widely accepted quality norms of the translation industry in the respective linguistic realm.
Incorporation of specific technical terminology stipulated by the client is contingent upon prior agreement, accompanied by adequate and comprehensive documentation such as prior translations or glossaries. In the absence of such documentation during order placement, technical terms are either translated or utilized in accordance with the generally recognized quality standards.
The exclusive focus is on the translation and/or editing of textual content. Texts featuring images may not be eligible for translation. Similarly, texts containing illegal or immoral content will be rejected. Additionally, texts may be declined if exceptional circumstances render their editing impractical. This might be applicable in instances where the original text's complexity and/or volume preclude the timely production of a translation that meets requisite quality standards. Should such rejection occur, Words Laboratory promptly communicates this to the client, and no compensation claim arises as a result.
Should a text acquire copyright protection due to the editing by the respective specialist, Words Laboratory ensures that the client receives, within legally permissible limits, an unrestricted usage and exploitation right. This right is bound neither by time nor space, encompassing content modifications and the ability to transfer rights to third parties.
Section 4
Acceptance and notification of defects obligation
Following the completion of editing, the finalized text is made accessible for download within the client's login area on the Words Laboratory server. A notification confirming availability is dispatched to the client via email. It is incumbent upon the client to promptly initiate the download post-receipt of the completion notification.
Alternate delivery methods, such as regular mail or fax, are enacted solely under a distinct explicit agreement, as exemplified in cases involving certified documents.
Words Laboratory reserves the prerogative to condition the provision of the edited text upon the submission of a written warranty of authorization, an upfront payment, or a bank-issued surety bond.
The client bears the responsibility of promptly inspecting the text for any defects upon receipt. Notably, claims pertaining to manifest defects within the edited text necessitate written submission, detailing the defects, immediately after downloading or receipt by the client (in instances of alternative delivery modes). Claims concerning latent defects should be promptly reported upon their discovery. Should a written claim detailing defects not be presented within 5 days, the edited text is regarded as having been executed in adherence to the contract.
Words Laboratory retains responsibility for data loss until the translation is collected through download onto the client's hard drive or cache memory. The client assumes accountability for the download transfer process onto the hard drive/cache memory, consequently releasing Words Laboratory from any liability in this regard. In instances where alternate delivery modes (regular mail, email, fax) have been explicitly arranged, the risk is transferred to the client solely upon the text's handover to the carrier upon the recipient's mailbox's reception of the corresponding email, or upon the receipt of the fax message's printout at the recipient's premises.
Section 5
Rectification of defects
Should the edited text deviate from the agreed-upon specifications, the client is required to grant Words Laboratory a reasonable period to rectify the identified defects. The possibility of rectification is nullified if the deviations stem from the client's actions, such as inaccurate or incomplete information or flawed source texts.
If the allotted timeframe for defect rectification lapses without resolution, the client reserves the right to request contract termination (cancellation), provided the defect remains unaddressed.
Claims are rendered invalid in cases where the disparity insignificantly diminishes the translation's or edited text's value or appropriateness.
Imposing a deadline is not obligatory if, upon contract finalization, the client explicitly communicates that the furnished service is of no utility post the delivery period's expiration.
Section 6
Compensation and payment terms
Words Laboratory issues invoices to the client for services rendered, based on the agreed price, or the established minimum fees and terms, plus the relevant VAT. Settlement of outstanding payments is only permissible in Swiss francs, utilizing the payment methods facilitated by Words Laboratory.
Ordinarily, Words Laboratory provides invoices for download or dispatches via email exclusively in PDF format.
The corresponding compensation becomes payable upon invoicing, without any deductions for immediate payment. In cases of payment delay, Words Laboratory reserves the right to levy a default interest rate of 5% per annum. Should Words Laboratory substantiate higher damages due to the delay, it retains the entitlement to pursue such claims.
Section 7
Settlement of expenses and restriction on assignment
For Words Laboratory to offset any claims against client counterclaims, mutual written consent between Words Laboratory and the client is essential. The transfer of rights stemming from this agreement is not permissible without Words Laboratory's prior consent.
Section 8
Cancellation
The client retains the right to terminate the contract at any point before the translation is finalized.
Upon the client's cancellation of an awarded contract, compensation must be provided for the costs accrued up to that point, proportionate to the extent of completion. In all instances, the reimbursement claim will be no less than 50% of the total order value.
Data furnished by the client within the scope of the order or the edited text file will be retained at Words Laboratory for archival purposes. Deletion of this data will only occur upon written request from the client.
Section 9
Liability and scope of liability
Claims for damages arising from the contract, breaches of duty during contract initiation (culpa in contrahendo), positive contract breaches, or defaults toward Words Laboratory are exempted to the extent permitted by law. Liability for auxiliary personnel is universally excluded.
Words Laboratory bears no liability for service losses or delays attributed to force majeure or unforeseeable, temporary hindrances beyond Words Laboratory's control, notably strikes, lockouts, and disruptions in communication networks and gateways of external operators.
The extent of liability for damages resulting from Words Laboratory's service use, erroneous data storage, or transmission through Words Laboratory's handling of texts and documents is confined to the proven damages. Regardless, liability is capped at CHF 300.00 per page and shall not surpass the foreseeable maximum amount of CHF 15,000.00.
Section 10
Exclusion of warranty
Words Laboratory does not provide assurance that the provided translation or edited text is suitable and suitable for the client's intended purpose. This is particularly relevant if the delivered text is utilized for publication or marketing objectives. In this context, the client assumes sole legal responsibility for the text's applicability or dissemination.
Section 11
Confidentiality, viruses, and data privacy
Words Laboratory diligently strives to uphold the confidentiality of transmitted texts, aligning with contemporary industry standards. However, due to the nature of electronic data communication, Words Laboratory cannot ensure absolute 100% confidentiality. For optimal confidentiality, Words Laboratory strongly recommends utilizing its secured SSL order portal for transmitting documents intended for processing. It's important to note that documents transmitted through alternative electronic methods (e.g., email) may not guarantee the confidentiality, integrity, and availability that the order portal provides. Words Laboratory disclaims any liability associated with the unsecured transmission of documents.
Similarly, Words Laboratory employs its best efforts to scrutinize electronic data communication for viruses or malicious programs, employing current best practices. However, despite exercising due diligence, it's not possible to guarantee full immunity against viruses or sabotage. The client is explicitly made aware of the residual risk that persists.
The client is hereby notified that Words Laboratory processes personal data in machine-readable form as part of machine-based editing tasks that arise from this contract.
When Words Laboratory engages third parties to provide services, Words Laboratory may disclose participant information in compliance with the provisions outlined in the Data Protection Act. Words Laboratory may also exercise this right when the need for data transmission arises for the detection, localization, and rectification of defects and errors in Words Laboratory's facilities, as well as in those of third parties utilized.
Words Laboratory affirms that its employees and agents are bound by stringent confidentiality and data protection adherence. Necessary technical and organizational measures have been adopted by Words Laboratory to ensure compliance with the Data Protection Act's provisions.
Section 12
Prohibition against enticement
The client undertakes to not entice any specialists employed or subcontracted by Words Laboratory employed or subcontracted specialists or to employ them without the consent of Words Laboratory during the period of cooperation between the parties and for a period of one year thereafter. For each case of culpable infringement, the client undertakes to pay a contractual penalty of CHF 20,000.00. The payment of a contractual penalty does not release the client from compliance with the prohibition against enticement.
