General Terms and Conditions

1. Area of application

The following General Terms & Conditions shall govern the relationship between DialogVox.com (in the following also referred to as 'DialogVox') and the client. DialogVox shall conduct business solely on the basis of these General Terms & Conditions. The General Terms & Conditions can be viewed at any time on www.DialogVox.com/agb.php and can be printed or saved. Opposing or different General Terms & Conditions are herewith excluded. Furthermmore, they shall not become part of the contract when the offer from DialogVox is accepted, even if DialogVox does not expressly exclude this. The version available on the DialogVox homepage at the time of ordering applies.

2. Contents

DialogVox offers a free support platform and a fee-based translation service. The contractual relationships with the translators shall be solely and in every case between DialogVox and the translator.

3. References and links

The DialogVox website contains hyperlinks to other internet sites. The following applies to all of these links: DialogVox explicitly declares that it has no influence on the layout and content of the linked sites. Therefore, DialogVox herewith distances itself from all content found on sites linked with DialogVox and explicitly denies any relation to the content. This declaration applies to all hyperlinks found on the sites, whether visible or hidden, and to the content of the sites to which they lead.

4. Contract conclusion

1. The contract shall come into effect when the client confirms the specific offer and the General Terms & Conditions sent by DialogVox.
2. The contract shall exist between the client and Max Grauert GmbH, Dieselstra�e 3 b, D-21423 Winsen/Luhe. DialogVox shall act on behalf of Max Grauert GmbH, Dieselstr. 3b, D-21423 Winsen/Luhe.

5. Payment, due date

1. Advance payment of the agreed amount shall be due when the contract is concluded and the invoice is sent in electronic form or other form. Should the client wish to receive an invoice by post, an extra charge shall be levied.
2. If agreed in writing, payment within 14 days of the invoice date may be permitted for companies in exceptional circumstances.

6. Offsetting

The client shall only be entitled to offset if there is an undisputed or legally-binding, established claim. This shall also apply even if the client lodges claims of defects or counterclaims. However, the customer may only assert his right of retention insofar as it is based on the same service contract.

7. Acceptance and claims of defects

1. DialogVox shall undertake to translate the texts provided professionally and appropriately without abbreviation or other changes in the content. Depending on the text, the translations shall retain the essence of the original and shall be translated in accordance with the medium generally accepted quality standards of the translation industry in the respective language area. DialogVox shall have the right to reject translations if the text contains illegal content or very specific technical terminology.
2. DialogVox may provide the translation online, otherwise by e-mail. After completion, the translation shall be available on the server for the client to download. DialogVox shall bear the risk of data loss 14 days after the translation is available for download or after completion. The client shall ensure that the translation is downloaded within these 14 days. Once the stipulated 14 days have passed, the client shall release DialogVox from its liability due to loss of the translation.
3. The client shall be obliged to accept the translations as soon as they are sent to him. Should the translation prove to be in breach of the contract, DialogVox shall be obliged to rectify the shortcomings. This shall not apply if the deficiency is not material to the interests for the client or is due to circumstances caused by the buyer. Providing there is no material deficiency, the client may not refuse to accept the translation.
4. Should the client not complain of defects within 12 days of receiving the translation, the service shall be considered free of defects.
5. Once accepted, the agent (DialogVox) shall no longer be liable for obvious defects, unless the client has reserved the right to claim for a certain defect.
6. Deficiencies are major discrepancies in relation to the original text or an incorrect portrayal of the facts. Stylistic improvements, such as synonyms, shall not be considered a translation defect. DialogVox shall only assume the liability for correctly reproducing names and addresses if the original is provided in Latin typescript or the client has expressly commissioned the correct conversion. Should the client be unable to read the translation correction due to technical issues at their end, this shall not constitute a defect. The translations shall be provided in UTF-8 format or in the format from which the texts can be saved in UTF-8 format.
7. Should the client lodge a complaint of an objectively confirmed, not immaterial defect in the translation, the agent (DialogVox) is initially to correct the error. The client shall provide DialogVox with an appropriate extension for this purpose. The client shall describe the defects as precisely as possible.
8. Should DialogVox not correct the defect in time, the client may choose to rescind the contract or demand a reduction. In the case of minor or immaterial defects, neither right of withdrawal nor reduction applies.

8. Liability

DialogVox, its representatives and vicarious agents shall be liable for gross negligence or intent; in accordance with the provisions of the Product Liability Act; because of an assurance of the presence of a fault and for damages caused by injury to life, body or health.

Liability for simple negligence is excluded unless it is the result of a culpable violation of significant contractual obligations; in the latter case, liability is limited to typical, foreseeable damages.

9. Statute of limitations

Claims lodged by the client against DialogVox shall expire one year after the legal commencement of the limitation period. Claims under section 8 shall be excluded. In this case the statutory provisions governing limitation periods shall apply.

10. Changes or amendments to the General Terms & Conditions

DialogVox may change or amend these General Terms & Conditions. DialogVox shall inform the client of changes or amendments and shall send the client a new version. Should the client not be in agreement with the change or amendment, the client must submit its objection within 21 days of being informed and receiving the modification. Otherwise the client shall be considered to be in agreement with the new version. When informing the client and sending the new version, DialogTicket shall point out the implications for the client.

11. Supplements to the agreement

Verbal additional agreements either before or after conclusion of the contract shall be invalid.

12. Confidentiality

DialogVox shall constantly refine the platform and ensure that it uses the latest technology. DialogVox cannot, however, guarantee that the service is 100% available, free from viruses, sabotage programs, and access by unauthorised third parties. The client shall be made expressly aware of this risk. The client shall release DialogVox from all liability arising from this section, unless section 8 applies.

13. Confidentiality

DialogVox shall commit to maintaining absolute confidentiality regarding the content of the translations and interpreter activities to be undertaken, customer names and other client-related data and shall not use the information for itself nor for the third parties.

14. Non-solicitation clause

The client shall agree not to contact the respective translators for the duration of the contract with DialogVox, nor to solicit the translators for one year after the end of the contractual relationship with DialogVox.

15. Place of jurisdiction, place of performance and applicable law

1. Place of performance shall be the DialogVox headquarters.
2. The place of jurisdiction, as far as is permitted, will be agreed as the location of the DialogVox headquarters.
3. The order and all claims arising from it shall be subject to the laws of the Federal Republic of Germany.

16. Retention of title

The translation shall remain property of DialogVox until full payment has been received.

17. Copyright

1. DialogVox shall retain the copyright on the translations. The client shall guarantee that the translation and other services and their later use by the client shall not contravene any copyright or other property rights of third parties and shall release DialogVox and, if applicable, any other personally liable people from any damages, costs and expenses. This includes the necessary costs of legal proceedings.
2. Content on the DialogVox website is also protected by copyright. Content of this website may not be reproduced, or processed, duplicated, distributed or used in any other manner by means of electronic systems without the express consent of the salesperson unless copyright expressly allows this. Unauthorised use may contravene applicable laws, including applicable copyright and trademark laws.

18. Severability clause

Should any provision become wholly or partly ineffective, this shall not affect the validity of the rest of the agreement. The contract shall then be interpreted and applied so as to reflect the best interests of the contractual parties. In all other cases, the legal provisions apply.

You can also download >> the General Terms & Conditions as a PDF.