Lingovo is a brand of iogonia GmbH, Schürbeker Straße 5, D-22087 Hamburg.
§ 1 Scope of application
These General Terms and Conditions govern the relationship between iogonia GmbH (hereinafter ‘we’ or ‘Lingovo’) and the client (consumer or business). We provide our services exclusively on the basis of these General Terms and Conditions. We hereby object to any conflicting, additional or deviating general terms and conditions. Even if we do not expressly object to them again, the client’s general terms and conditions do not become part of the contract merely because we accept the offer.
§ 2 Conclusion of contract
(1) The client may place a translation order with Lingovo, at its option via the Lingovo website or directly by email. We calculate a price on the basis of the files made available to us and submit a quote to the client. The contract is concluded when the client confirms the quote we have sent.
(2) The contract is between the client and iogonia GmbH, Schürbeker Straße 5, D-22087 Hamburg.
§3 Payment
Once the invoice has been issued, in electronic or other form, the relevant fee becomes due immediately and without deduction, unless otherwise agreed in writing. In individual cases, we reserve the right to require advance payment of the agreed sum.
§4 Set-off
The client may set off against our claims only claims that are undisputed or have been finally established by a court. The client may exercise a right of retention only in respect of counterclaims arising from the same contractual relationship.
§ 5 Defects and remedy of defects
(1) We undertake to translate the texts provided to us completely, accurately and appropriately, to the best of our knowledge and belief. Translations are produced in accordance with the general quality standards of the translation industry in the relevant language area.
(2) Defects are significant deviations from the source text or incorrect representations of facts. Stylistic improvements, such as the use of synonyms, do not constitute a translation defect. If the client is a business, it must notify defects in the translation in text form without delay, after the translation has been made available by email or, where it was sent in another form, on receipt, and must describe the defect complained of specifically. If the client raises no objections in text form within fourteen working days at the latest, the service is deemed accepted as free of defects. Consumers’ statutory rights remain unaffected.
(3) In the case of justified defects that have been properly notified, we have the right to remedy them first. The client must describe the defects as precisely as possible and grant us a reasonable additional period.
(4) If we do not remedy the defect within the time allowed, the client may, at its option, withdraw from the contract or claim a reduction in price. Withdrawal is excluded in the case of an insignificant defect.
§6 Liability
(1) We and our vicarious agents are liable without limitation in cases of intent and gross negligence, in cases of injury to life, limb or health, and under the German Product Liability Act (Produkthaftungsgesetz). In cases of slight negligence, we are liable only for breach of material contractual obligations, and then only up to the foreseeable damage typical of this type of contract.
(2) Unless expressly agreed in writing, we give no guarantee that the translation is permissible or suitable for the client’s intended use. This applies in particular where the translation is published or used for advertising purposes. Furthermore, the client bears the legal risks relating to the usability or publication of the translation. If the client does not tell us that the translation is intended for print, does not send us a proof before printing, or prints without our consent, any defect is at the client’s risk.
(3) We are not liable for damage caused by operational disruptions, in particular force majeure, nor for transmission errors in electronically transmitted data, data corruption caused by the client’s spam filters, network and server errors, other line and transmission interruptions and other obstacles for which we are not responsible.
(4) Our platform meets the current state of the art and is continually being developed further; we also use up-to-date protective software. However, we cannot rule out access by third parties, viruses, Trojans, worms, spyware, adware or other malware. We expressly draw the client’s attention to this. Liability for any resulting damage is governed by paragraphs (1) and (3) above.
§ 7 Amendments to the General Terms and Conditions
We are entitled at any time to amend or supplement these General Terms and Conditions with effect for future contracts. The version published at https://www.lingovo.com at the time the contract is concluded shall apply.
§8 Confidentiality
We undertake to maintain strict confidentiality regarding information about the client, the content of the translations to be produced and any other client-related data that comes to our knowledge during the business relationship, and undertake not to disclose such information to third parties in any form or make it accessible to them.
§9 Collateral agreements
Collateral agreements, assurances and other agreements, as well as amendments and additions to the contract, must be in text form to be valid. The priority of individual contractual agreements remains unaffected.
§10 Non-solicitation
The client (if a business) undertakes, for the duration of the cooperation and for a period of one year thereafter, not to contact the translators we use directly in order to engage them for its own purposes without our consent.
§ 11 Place of performance, jurisdiction and governing law
The place of performance for all contractual services is the registered office of iogonia GmbH, Hamburg, Federal Republic of Germany. If the client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of iogonia GmbH in Hamburg. Statutory places of jurisdiction apply to consumers. The contractual relationship and any further business relations between us and the client are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state in which they are habitually resident.
§12 Retention of title
The translation and the associated rights (exploitation and usage rights) remain subject to retention of title and reservation of transfer until payment has been made in full. Upon full payment, we transfer to the client the exclusive usage and exploitation rights and all other intellectual property rights in the translation.
§13 Cancellation or termination of the order
The client may cancel the order at any time until it has been completed. If work on the translation had already begun at the time of cancellation, the client will be charged for the costs incurred up to that point. The costs incurred are calculated according to the degree of completion of the cancelled order.
§ 14 Severability clause
Should any of these terms be or become invalid in whole or in part for any reason, the validity of the remaining provisions shall not be affected. The statutory provisions shall apply in place of the invalid provision.
§ 15 Right of withdrawal for consumers
For contracts concluded via the website or by email, consumers have a statutory right of withdrawal of 14 days from the conclusion of the contract. The right of withdrawal expires early if we have fully performed the service at the consumer’s express request and the consumer has confirmed that they will lose their right of withdrawal once the contract has been fully performed. Consumers will receive the detailed withdrawal information and the model withdrawal form in text form before the contract is concluded.