Terms & Conditions For Clients

General Terms and Conditions (“GTAC”) of

Textprovider GmbH
- hereinafter referred to as “TP” -
for the internet service Textprovider (www.textprovider.de and related international subdomains)

 

Definition of terms:

Client: Legal or natural persons obtaining services from TP.

Textprovider: (Text production) services of TP.

Author: Legal or natural persons providing text services to TP against payment.

 

1. General

TP offers clients the opportunity to order text and/or article production about specific topics. TP assigns these projects to Authors, who complete the assignment according to client specifications, and delivers these in bundled form (dependent upon order volume) to the client. The use of this service is subject to the following conditions.

2. Use of Services

The use of Textprovider is always based upon an offer from TP to the client. By placing an order, the client accepts the version of the GTAC valid at the time of order. The client warrants that all of the data he provides is correct, complete, and true.

3. Ordering texts

3.1
The basis of cooperation between the client and TP is an individual offer, which the client has accepted and is legally effective. According to the offer, TP assigns the text order to respectively qualified Authors, who assume the task of processing by using TP’s infrastructure.

3.2
The content specifications of the text order on the part of the client must not infringe or affect any third-party rights (e.g. brands, names, copyrights, or data protection rights). In particular, these content specifications must not infringe personal rights, glorify violence or be associated with it, nor be libellous, illegal, or offensive. If the client violates this condition, TP reserves the right to refuse orders/projects and to deny further processing. In any case, the client shall indemnify TP from all third-party claims in the event that these conditions are violated – even if TP accepts the order / project for further processing.

3.3
The processing duration of a project shall be agreed upon on an individual basis between the client and TP. Both contractual parties accept the online service “Copyscape” (www.copyscape.com) to determine the uniqueness of texts. Copyscape is a standard and integral component of TP’s processing system to check for plagiarism. Texts determined to be unique content by Copyscape are also considered unique in the contractual relationship between both parties. Documentation of plagiarism checks by Copyscape is made by saving so-called log files.

3.4
One week after project commencement, TP generally submits a partial delivery of texts to the client for quality assurance (provided the client has not specified otherwise). The client is obliged to review this partial delivery and communicate necessary alterations with regard to this partial delivery. The texts accepted in this partial delivery shall apply as the quality standard for additional deliveries in the text project.

4.  Acceptance/Reworking/Invoicing

After a text project has been delivered to the client, the client must provide notification within 72 (seventy-two) hours as to whether he accepts, rejects, or requests reworking of the text project (this also applies to agreed partial deliveries). The text project and/or partial delivery is automatically considered accepted if the client does not provide notification within 72 (seventy-two) hours. The acceptance conditions above do not apply to defects that are not apparent. TP will inform the client of the consequences of his behaviour at the beginning of the deadline set forth in this paragraph.

5. Acceptance of texts

Upon the client’s acceptance of the texts, the price agreed upon in the offer becomes due and will be invoiced to the client. Payment is due immediately upon receipt of invoice. Furthermore, advance payment is also possible.

6. Reworking and rejection

6.1
The client has the opportunity to demand respective reworking in the event of  single defective texts. Information about which parts of the texts should be reworked should be compiled as precisely as possible in order to allow TP the opportunity to rework them as desired.

6.2
Reworking is only mandatory for TP if it is necessary in order to meet the original project description or if it is based on criteria which the client assumes is known to TP, even without explicit mention in the project description. In this event, TP must commence reworking according to the client’s wishes within a reasonable period of time. After reworking has been completed, the client may accept, reject, or request further reworking of the texts. Further reworking is only permissible if the text is defective and if further reworking requests are in line with the first reworking request specifications.

6.3
Reasons for the rejection of a text project must be provided by the client in detail. Rejection of a text project by the client will be reviewed by TP following the reasons listed by the client and shall only be accepted by TP if the condition desired by the client is in line with the project specifications.

6.4
In case of unfounded or insufficient reasons for rejection, TP has the right to refuse the rejection.

7. Rights of use

7.1
Upon delivery and acceptance of a text ordered and produced during the course of a text project, the client obtains exclusive rights unlimited by territory or time to save,, duplicate, publish, reproduce, or use the text in any other way. Obtainment of this usage right shall take place only under the condition of absolute acceptance of and payment for the text.

7.2
Texts may not be used prior to acceptance and payment.

8. Poaching of authors

Poaching authors and any attempts in this direction or attempts to contact or cooperate while excluding TP is considered a breach of contract and usually results in immediate termination of collaboration and assertion of claims by TP in such an event.

9. Liability

9.1
TP’s liability is limited to typical, foreseeable damages, unless

a) damages result from an intentional or grossly negligent breach of duty on the part of TP or one of its agents,
b) TP has breached a significant contractual duty, upon whose fulfilment the contractual partner may regularly rely (cardinal obligation),
c) it concerns damages resulting from injury to life, body or health, or
d) TP is liable according to compulsory provisions of product liability laws.

9.2
TP assumes no liability for damages caused by technical failure or other technical difficulties on the part of the client or resulting from Force Majeure. In particular, TP does not warrant for the correctness of data or texts provided by the client.

10. Data backup

TP performs data backup of text project-related information at regular intervals. However, in the event that data is lost, TP will strive to correct the error as quickly as possible and restore the data to the condition existing prior to data loss. Notwithstanding, there is no obligation on the part of TP to do so.

11. Data Protection

For questions regarding data protection, refer to TP’s data protection statement at  http://www.textprovider.co.uk/data-protection-statement/

12. Final Provisions

12.1
Laws of the Federal Republic of Germany shall apply.

12.2
Should one provision of these conditions be or become invalid, the effectiveness of other conditions shall remain unaffected.