General Terms and Conditions

1. Scope of application

(1) These Terms and Conditions shall apply to all deliveries, services, quotes and contract conclusions between Lilia Vinnikova (www.bonlexis.com) and her Client insofar as no other agreement has either been expressly made or is mandatory by law. 

(2) These Terms and Conditions shall also apply in the event that the Client's General Terms and Conditions contain contrary agreements. The Client's General Terms and Conditions are only binding for Lilia Vinnikova if she has expressly acknowledged them in writing.

2. Contract conclusion

As a general rule, all contracts between the Client and Lilia Vinnikova (www.bonlexis.com) shall be concluded in writing. For verbal contract conclusions, the Client shall obtain the General Terms and Conditions from Lilia Vinnikova (www.bonlexis.com) and shall acknowledge them upon conclusion of the contract.

3. Contract execution

In Lilia Vinnikova's company (www.bonlexis.com), the assignments are performed by her colleagues. All translation assignments are handled in a strictly confidential manner. When sending translations of non-Latin fonts via email or CD-ROM, Lilia Vinnikova (www.bonlexis.com) is not obligated to supply the software required to open the files. The translation shall be performed with due care in accordance with prevailing professional standards. The Client shall receive the contractually agreed copy of the translation (in writing or via email, verbally or by telephone).

4. The Client's duty to co-operate and inform

(1) The Client shall undertake to inform Lilia Vinnikova (www.bonlexis.com) in due time about the required forms of the translation (purpose, delivery on storage media, number of copies, preparation for press release, appearance of the translation etc.). If the translation is intended for print, the Client must deliver a proof to Lilia Vinnikova (www.bonlexis.com) in sufficient time before printing so that Lilia Vinnikova (www.bonlexis.com) can correct potential errors.  Names and numbers shall be verified by the Client.
(2) When placing the assignment, the Client shall provide Lilia Vinnikova (www.bonlexis.com) with all information and documents necessary to complete the translation (Client terminology, illustrations, drawings, tables, abbreviations, in-house terms etc.).
(3) Lilia Vinnikova (www.bonlexis.com) shall not be held accountable for any errors or delays incurred by the faulty or delayed supply of information and instructions.
(4) The Client shall assume liability for the rights to a text and make sure that the text may be legally translated. The Client shall exempt Lilia Vinnikova (www.bonlexis.com) from any Third Party claims.

5. Acceptance

Translations are subject to the German Law on Contracts for Work & Services (Werkvertragsrecht) and require acceptance in accordance with §640 of the German Civil Code (Bürgerliches Gesetzbuch - BGB). The translation shall be considered accepted
(1) When the Client uses the translation, or
(2) When the Client settles the invoice for the translation in full, or
(3) When the Client formally accepts the translation. The translation shall be considered formally accepted if the Client does not indicate any errors within 7 (seven) days from the date of delivering the translation.

6. Client's rights in case of errors

(1) Lilia Vinnikova (www.bonlexis.com) reserves the right to correct errors. Initially, the Client shall only have the right to the correction of possible errors contained in the translation.
(2) The right to the correction of errors must be asserted by the Client by indicating exact details of the error.
(3) If Lilia Vinnikova (www.bonlexis.com) does not correct the asserted errors within an appropriate period of time, or if she rejects the correction of errors, or if the correction of errors is deemed to have failed, the Client may have the errors corrected by a different Translator following consultation with the assigned Contractor and at the latter's expense. The Client may also choose to demand a reduction in the remuneration or to withdraw from the Contract. The correction of errors is deemed to have failed if the translation continues to feature errors after several attempts at amendment.

7. Liability

(1) Lilia Vinnikova (www.bonlexis.com) shall be liable in the event of gross negligence and intent. Excluded from gross negligence are damages caused by computer malfunctions and problems with the transmission of emails, as well as damages caused by viruses. Lilia Vinnikova takes precautions against this by using anti-virus software. Liability in the event of slight negligence shall only apply in case of the violation of primary duties.
(2) The Client's claim for compensation against Lilia Vinnikova (www.bonlexis.com) due to damages caused by No. 5 (1), Sentence 4 in our General Terms and Conditions shall be limited to EUR 5,000; in individual cases the express agreement of a higher compensation claim may be possible.
(3) The exclusion or limitation of liability in accordance with No. 5 (1) and (2) of these General Terms and Conditions shall not apply to damages incurred by a Consumer due to the injury to his or her life, body or health.
(4) Claims made against Lilia Vinnikova (www.bonlexis.com) by the Client due to errors in the translation (§ 634a of the BGB) shall expire by limitation one year after accepting the translation, except in the event of fraudulent intent.
(5) Contrary to § 634a of the BGB, liability due to consequential harm caused by an error shall be limited to the legal limitation period. § 202 Para. 1 of the BGB shall remain unaffected by this.

8. Professional secrecy

Lilia Vinnikova (www.bonlexis.com) undertakes to maintain silence regarding all facts that become known to her in conjunction with her work for the Client.

9. Co-operation of Third Parties

(1) Lilia Vinnikova (www.bonlexis.com) shall be entitled to employ Colleagues or competent Third Parties to perform the assignment.
(2) When employing competent Third Parties, Lilia Vinnikova (www.bonlexis.com) shall ensure that these Third Parties swear to secrecy in accordance with No. 6 of these General Terms and Conditions.

10. Remuneration

(1) The invoices issued by Lilia Vinnikova (www.bonlexis.com) shall become due and payable without a discount within 14 days after the invoice date, insofar as no other agreement has been expressly made.
(2) All prices are net figures plus the statutory value added tax.
(3) In addition to the agreed fee, Lilia Vinnikova (www.bonlexis.com) has the right to reimbursement for any expenses actually incurred and agreed upon with the Client. In all cases, the value added tax shall be calculated separately, provided that this is required by law. In the event of large translations, Lilia Vinnikova (www.tobringacross.com) may request an appropriate advance. Before commencing work, Lilia Vinnikova (www.bonlexis.com) may also agree with the Client in writing that handing over her work is dependent on advance payment of the full fee.
(4) If no agreement has been made on the amount of the fee, a remuneration shall be paid which is deemed appropriate and usual for the type and degree of difficulty of the work. This fee shall not be less than the respective rates applicable in accordance with the German Judicial Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetz - JVEG).

11. Cancellation

If the Client cancels a translation assignment issued to Lilia Vinnikova (www.bonlexis.com), services rendered by this point in time shall be remunerated and the expenses already paid shall be recompensed. The Client reserves the right to furnish proof that no damages and/or slight damages have occurred.

12. Retention of title and copyright law

(1) Until complete payment, the translation shall remain property of Lilia Vinnikova (www.bonlexis.com). The Client has no legal right of use until then.
(2) Lilia Vinnikova (www.bonlexis.com) reserves her copyrights.

13. Right of withdrawal

If a translation assignment is placed as a result of Lilia Vinnikova (www.bonlexis.com) offering her services via the Internet, the Client shall waive their possible right of withdrawal in the event that Lilia Vinnikova (www.bonlexis.com) has started work on the translation and the Client has been advised of this.

14. Shipment/transfer

Shipment and electronic transfer are made at the Client's risk.

15. Applicable law

(1) Both the assignment and all claims resulting from it are subject to German Law.
(2) The place of fulfilment is the Translator’s place of residence or business premises.
(3) The place of jurisdiction is Münster (Westphalia, Germany).
(4) The contractual language is German.

16. Salvatorius clause

The validity of these Terms and Conditions shall remain unaffected by the invalidity or nullity of any individual provisions. The invalid provision shall be replaced by a valid one which corresponds most closely to the commercial objective and/or original purpose.

17. Changes and additions

Changes and additions to these Terms and Conditions are only valid if agreed in writing. The same applies to any change in the requirement of the written form.

Last updated: 2015

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