General Terms of Business
(deutsche und/oder andere Version auf Anfrage! - german and/or other version on
The following terms constitute a
legally binding agreement between the Client and TZIMAS.com GROUP,
regarding access to and use of the TZIMAS.com GROUP website and
its associated multilingual communication services rendered or to be rendered by
By accessing or using the website
or Services, you agree to be bound by these General Terms of Business. If you do
not wish to be bound by these General Terms of Business, you should leave the
website. Source Material shall mean any electronic or other files that Client
transmits to TZIMAS.com GROUP using the website that is intended
to be the subject of services hereunder:
The CLIENT warrants that he is holder or owner or has license over all kinds of
projects and at his responsibility and in full knowledge sends and requests from
TZIMAS.com GROUP to perform these projects. Client represents and
warrants that it owns or is licensee of the Source Material(s) and all
components thereof, and that translation of the Source Material(s) and
publication, distribution, sales or other use of the deliverable shall not
infringe upon any copyright, trademark/service
mark or patent, or other right of any third
Client represents and warrants that
Source Material(s) submitted to the website is/are of good quality and free of
errors or spelling mistakes.
Client warrants not to use any
device, software or routine to interfere with the proper working of the website
or which may have a contaminating or detrimental effect on the website. Each
order or formal request for the provision of Services shall be referred to as an
TZIMAS.com GROUP is
essentially a pioneering innovation, offering the possibility of cooperation On
Line as well as for direct contact (appointment/ meeting) with the CLIENT for
the supply of services such as Translations, Interpreting, Voice Overs -
Subtitles, Proofreading - Editing of texts, Graphic Arts projects, Transcripts
of recorded minutes-meetings, Construction of web pages for Internet,
Advertisement on the Website of TZIMAS.com GROUP.
Client means the individual or business entity that executes this contract.
Source Materials means the documents, materials, and other items furnished to
TZIMAS.com GROUP for translation hereunder.
Deliverable means the final,
translated version of the Source Materials provided by
TZIMAS.com GROUP to the Client.
The format of the files that
TZIMAS.com GROUP undertakes is in (.doc, .rtf, .htm, .html, .xls,
TZIMAS.com GROUP shall correct the following errors free of
charge: Outright mistranslation, omission, typo, grammatical mistake,
non-adherence to any approved glossary. Client agrees that
TZIMAS.com GROUP shall have no liability or obligation regarding
errors in translations unless TZIMAS.com GROUP
receives written notification of the error(s) within two (2) days following
delivery of the Deliverable to Client. The
sole obligation with respect to errors of TZIMAS.com GROUP
shall be the obligation to correct the Deliverable at no cost to Client.
The texts will be returned to the
CLIENT in the same format with the original. TZIMAS.com GROUP
sends to the CLIENT an e-mail which contains the translated file. If, within the
period of two (2) business days from the date of acceptance of his translation,
the CLIENT does not proceed with the submission of comments or remarks, it is
considered that the acceptance of the translation has been approved by the
CLIENT and TZIMAS.com GROUP proceeds with the final stage of
invoicing the CLIENT.
Interpretation: This service
requires a meeting (appointment) with the CLIENT, unless if the CLIENT is abroad
in which case the reservation is made promptly through the Internet.
For the following services Voice
Overs - Subtitles, Proofreading, Transcripts of recorded materials, Graphic Arts
work, Construction of web pages, Advertisement on the Website of
TZIMAS.com GROUP these services require a meeting (appointment)
with the CLIENT, unless when the CLIENT is abroad in which case the cooperation
will be Contacted through Internet or by Courier.
sends the CLIENT the sample by email, facsimile or Courier. The CLIENT informs
TZIMAS.com GROUP at the latest within four (4) business days from
the date of acceptance of his sample. If, within the period of four (4) business
days from the date of acceptance of his sample, the CLIENT does not proceed with
the submission of comments or remarks, it is considered that the acceptance of
the sample has been approved by the CLIENT and TZIMAS.com GROUP
proceeds with the final stage of completion of the project and invoicing him.
A CLIENT who wishes one of the
above mentioned services must
facsimile to TZIMAS.com GROUP,
stating the services he are interested it and the languages he require. Shortly the CLIENT will
receive the quote from TZIMAS.com GROUP regarding the cost, time
of completion of the project, and payment procedure. The CLIENT may, at any
moment, be informed on the progress of his project should he so specify.
The CLIENT will
send us via email or facsimile all of the information required of him by
TZIMAS.com GROUP to the best of their knowledge.
uses this information to maintain a record and for their processing for the
performance of the transaction with the CLIENT.
Payment methods shall be by either
of the following methods. Where no credit arrangement has been agreed between
TZIMAS.com GROUP and its customer, payments
to TZIMAS.com GROUP for all agreed services
shall be made by
direct bank transfer within one (1) week of
receiving a valid invoice from TZIMAS.com GROUP. Such invoices are
usually distributed by TZIMAS.com GROUP to the Client via email or
Where credit arrangements have been
agreed between TZIMAS.com GROUP and its customer, the customer
shall make payments to TZIMAS.com GROUP for all agreed services
ten (10) days of receiving a valid invoice from
TZIMAS.com GROUP. Such invoices are usually distributed by
TZIMAS.com GROUP to the Client via email or by courier.
TZIMAS.com GROUP need to engage the services of a law firm,
solicitor, or debt collection agency to assist in the collection of the payment
from the Client, then the client agrees to pay TZIMAS.com GROUP
the full costs and commissions charged by the law firm, solicitor, or debt
collection agency for such services.
shall not be liable for any incidental, special or consequential damages or loss
of any nature whatsoever, nor for any claim against Client by any other person
or entity, arising from or relating to services rendered by
TZIMAS.com GROUP, regardless of the nature of the claim or the
form of the cause of action, whether in contract or in tort, or otherwise, and
even if TZIMAS.com GROUP has been advised of the possibility of
such damages by anything contained in related proposals and other documentation.
TZIMAS.com GROUP shall not be responsible for any loss or damage
to, nor the return of, any Source Material(s). The maximum liability to Client
by TZIMAS.com GROUP shall in all cases, other than those involving
death or personal injury, be limited to the value of the Order. In the event
that Client breaches this Agreement, TZIMAS.com GROUP shall have
the right to terminate immediately, whereupon Client shall pay the full purchase
price provided hereunder for the services completed and for all work in
All right, title and interest in
and to the Source Material(s) and, except as hereunder provided, the
Deliverables, and any and all patent rights, copyright, know-how, and trade/service
secrets therein are and remain the sole and exclusive property of Client.
Notwithstanding the above, Client acknowledges that
TZIMAS.com GROUP is the sole and exclusive owner of all right,
title, and interest in and to all methodology, information, software, and
databases used in translating the Source Material(s), and inventions,
methodology, innovations, know-how, and databases developed by
TZIMAS.com GROUP in the course of translating the Source
Material(s), including any and all patent rights, copyrights, know-how, and
trade/service secrets therein.
TZIMAS.com GROUP is
available to businesses, private people and all those over the age of 18
eligible for any legal action. If the age limit requirement is not satisfied,
please refrain from using TZIMAS.com GROUP.
TZIMAS.com GROUP may refuse to supply any service to a CLIENT, who
in the discretion of TZIMAS.com GROUP is not a solvent CLIENT.
TZIMAS.com GROUP can
be advised by registered mail by the CLIENT, prior to the commencement of work,
that the contents of his project/ job is confidential (project confidentiality).
TZIMAS.com GROUP maintains confidentiality for the projects/ jobs
it undertakes. TZIMAS.com GROUP will not be responsible for any
leak of the contents by external associates. The external associates operate
independently in their space and they are not connected by absolutely no
subordinate employment with TZIMAS.com GROUP. The role of
TZIMAS.com GROUP is not to supervise the personal life of its
external associates, rather to require from them the proper quality for the
project of the CLIENT. However, TZIMAS.com GROUP always, prior to
assigning a project to an external associate, advises them on the requirement
for confidentiality of the project irrespective of whether the CLIENT requires
that or not. TZIMAS.com GROUP will provide the external associate
with a copy of the CLIENT’s letter.
The Client can request a
translation by uploading and submitting Source Material(s) to the website.
TZIMAS.com GROUP will not be liable to correct any errors or
missions that were inherent in the original Source Material(s). Source
Material(s) will be virus checked upon receipt by
TZIMAS.com GROUP does
not provide any assistance, including technical or customer support, in the use
of the Services. Any use of the Services is at your own risk.
Because of the complexities of the human language, and the possibility of a
number of different translations of particular words and phrases, there are
inherent limitations in translations. TZIMAS.com GROUP therefore
recommends that you examine and verify the translation resulting from use of the
Services, and accepts no responsibility for the accuracy thereof.
In no event will
TZIMAS.com GROUP be liable for any indirect, special, incidental,
economic or consequential damages arising out of the use of the Services,
including, but not limited to, damages for loss of profits, business, goodwill,
data, business interruption, or other pecuniary loss.
TZIMAS.com GROUP will
accept any type of project for performance within its range of services.
TZIMAS.com GROUP reserves the right to refuse to translate any
Source Material(s) that is/are of an offensive nature, defamatory, obscene, in
breach of any statutory or regulatory obligation, or is otherwise considered
inappropriate by TZIMAS.com GROUP, whose decision in all matters
shall be binding and conclusive.
Client shall indemnify, defend, and
hold harmless TZIMAS.com GROUP, its owners, directors, officers,
employees, representatives, agents, successors and assigns from and against any
and all losses, damages, costs and expenses, including reasonable legal fees,
resulting from, arising out of or incident to any suit, claim or demand based on
the performance of this Agreement by either party, Client's breach of the
covenants, representations and warranties made by it herein, the manufacture,
advertisement, promotion, sale or distribution of any items by Client, any taxes
and from any duties, levies, tariffs, or like fees that may be imposed by any
government or collective authority upon manufacture, advertisement, promotion,
use, import, licensing or distribution of items by Client, or any claim that any
element of the Deliverable infringes any copyright, trademark/service
mark, patent, or other
In the event that Client breaches
this Agreement, TZIMAS.com GROUP shall have the right to terminate
whereupon Client shall pay the full purchase price provided hereunder for the
services completed and for all work in progress. In the event that
TZIMAS.com GROUP breaches this Agreement, Client shall have the
right to terminate whereupon, TZIMAS.com GROUP shall return to
Client all Source Materials and data supplied by Client together with all
translated product that exists as of the date of termination and Client shall
pay the full purchase price provided hereunder for the services completed and
for all work in progress. Neither party shall be deemed to be in breach or
default of any provision of this Agreement by reason of a delay or failure in
performance due to any causes beyond its control.
service mark of
is a service mark of
TZIMAS.com GROUP may review the trademarks/service
marks, and it may even add
new registered trademarks/service marks at any time.
secures every right and with the reservation of any of its rights, which is not
given hereby precisely.
In the case where, for the
resolution of a dispute which may result during the use of
and the chosen procedure is the legal one, competent will be the Courts of Hagen
Republic of Germany)
if permitted by law and the applicable
law will be exclusively the German
excluding the International Sales Law.
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