Terms and Conditions

1 Scope of Application

1.1. These terms and conditions detail the content and implementation of contracts between the customer and AHA! GmbH (shortened below as “AHA!”) as the contractor.

1.2. The sections 4.4., 4.7., 5.3. 6.1., 6.3. and 10.3. as well as the limitation of liability in section 8 do not apply to consumer contracts according to the Austrian Consumer Protection Law (KSchG).

Reference

These terms and conditions should be interpreted as follows:

2 Cooperation between the customer and AHA! for language courses

2.1 The location for the language courses is agreed at the point of purchase.

2.2 Cancellation of a course is only possible before the course begins. Up until 14 days before the course begins, 80% of the course cost will be refunded. Between 1 and 13 days before, 50% will be refunded. From the day the course begins, no refund will be offered.

2.3 To qualify for a certificate of attendance, course participants must attend at least 80% of sessions. Feedback to the employer regarding attendance can be arranged.

2.4 The respective prices of products and/or services apply as they were stated at the point of contract formation.

2.5 All prices stated are net prices, VAT is shown separately.

2.6 Payment is due within 14 days of receiving the invoice and at the very latest before the service is provided.

2.7 Card payments and bank transfer are accepted payment methods in our online shop. In person directly at AHA!, cash and bank transfer are the accepted payment methods.

2.8 In the case of a late payment or late partial payment, all relevant legal measures to settle outstanding payments apply, including reminder and collection fees as well as the current statutory interest for late payments.

3 Liability

3.1 AHA! only accepts liability for compensation for intended and criminal negligence. AHA! furthermore accepts liability for the negligent violation of significant contractual obligations (cardinal obligations), i.e. obligations by which negligence would jeopardise the ability to fulfil contract and that contract partners can rely on to be met. In the case of a negligent violation of cardinal obligations, AHA! is however only liable for the foreseeable, contractually typical damage.

3.2 The above limitations of liability do not apply in the case of harm to lives, bodies and health. Liability in accordance with product liability laws remains unaffected. Exclusion or limitation of liability of AHA! also applies for personal liability of its legal representatives, employees and other agents.

4 Cooperation between the client and AHA! for translation services, text production, proof-reading & editing and services related to written and oral language services of every kind

4.1. The client is obligated to support AHA!, as far as possible and reasonable for the order, through the provision of documents and information required for delivering the service. For this, the following may be required:

4.2. The client is furthermore obligated to inform AHA! before the negotiation of the offer of the intended purpose of the text, e.g. if it will be published, used for advertising purposes or if it is intended for company-internal use. Unless otherwise agreed, the texts, translations, document, letters etc. produced by AHA! remain the property of AHA!. The right to use and publish these texts must be agreed separately.

4.3. Moreover, the client must name competent contact persons who are available for questions and queries.

4.4 AHA! is obligated to clarify obvious shortcomings in the original text (e.g. contradicting statements) with the client and may make the client aware of possible typing errors (typos) and other mistakes.

4.5. The technical and linguistic correctness of the original text is the sole responsibility of the client. AHA! does not accept liability for shortcomings as a result of insufficient specification and/ or linguistic/ terminological inaccuracies in the original text.

4.6. Numbers will be stated only as they are in the original text. The conversion of numbers, measurement units, currencies and similar is the sole responsibility of the client.

4.7. For the correct reproduction of names and addresses that are not written in the Latin alphabet in the original text, the client should provide a separate document transcribing the spelling of names and such like in Latin block capitals in advance.

4.8. The finished texts are sent electronically (for example via e-mail).

5 Offers/orders and scope of service for services, text production, proof-reading & editing and services related to written and oral language services of every kind

5.1 The standard scope of service to the client includes translation only.

5.2 The formatting of the original text will be maintained for texts that are able to be edited in standard Microsoft Office programmes. Unless otherwise agreed, translations should be sent electronically to AHA! (ÖNorm EN 15038).

5.3 Any special requests are to be agreed and honoured separately (special formats, proof-reading, CMS, project management etc.).

5.4 AHA! is committed to completing all tasks in a timely manner and to the best of our ability.

5.5 The client may only use the translation for the originally stated purpose. If the client uses the translation for any purpose other than the agreed purpose (3.2), AHA! accepts no responsibility for anything related to this use.

5.6 AHA! has the right to delegate an order to an equally qualified translator. In this case, AHA! still remains the only translator and contact partner.

5.7 A cost estimate is only binding if it is provided in writing (handwritten, fax or e-mail) after receipt of documents to be translated. Other cost estimates serve only as a non-binding guide. The cost estimate is provided to the best of our specialist knowledge, though we accept no responsibility for its correctness. In the event that, after the order is accepted, costs should amount to over 15% more than estimated, AHA! will inform the client immediately. If the exceedance of the cost estimate by up to 15% is unavoidable, AHA! is not obligated to inform the client of this, and these costs can be billed without consulting the client.

6 Deadlines, delivery of translation services, text production, proof-reading & editing and services related to written and oral language services of every kind

6.1 Regarding the deadline for the completion of the translation or service, the respective agreement between the client and AHA! is decisive. If an absolute, unextendable completion date with no possible grace period is an indispensable part of the order accepted by AHA!, and the product would no longer be of use to the client after this date (fixed date transaction), the client must inform AHA! of this prior to placing the order.

6.2 The client and AHA! must agree the following dates:

6.3 The precondition for meeting the completion deadline, including for a fixed date transaction, is the timely receipt of all pre-specified documents to be sent by the client (e.g. original texts and all required documents for the background information) as well as adherence to the agreed payment conditions and other obligations. If these preconditions are not met punctually, the completion time will be extended by the same amount of time as the delay on the required documents. In a fixed date transaction scenario, AHA! is responsible for assessing whether the fixed deadline can still be met if the client provides the documents late. If the deadline is not met, the client is only entitled to withdraw from contract if the above conditions are met and the order is explicitly agreed as a fixed date transaction.

6.4 The risks associated with the transmission of the translation/ service are the responsibility of the customer.

6.5 Unless otherwise agreed, the documents provided to AHA! by the client will remain at AHA! after the translation service has been provided. AHA! is to ensure that these documents are stored for a safekeeping period of four weeks following the delivery of the translation service. After these four weeks, AHA! may, but is not obligated to, destroy the documents.

6.6 Throughout the safekeeping period, AHA! must store the documents so that no unauthorised persons can gain access, confidentiality is not breached and that the documents cannot be used in a way that violates contract.

7 Remuneration and terms of payment

7.1 Provided it has not been otherwise agreed, prices are determined according AHA!’s standard rates (price lists and/ or quotation) for the respective service provided.

7.2 The basis for calculating prices for services will be agreed with the client and may include: standard lines (55 characters including spaces), words, hourly rate, target text, original text.

7.3.1 Unless otherwise agreed, order amendments and extra orders can be invoiced appropriately.

7.3.2 An appropriate fee is charged for the checking of translations by external parties.

7.3.3 AHA! is entitled to an appropriate reimbursement of costs for proof-reading.

7.3.4 An appropriate surcharge may apply for express and weekend services. This is to be arranged in advance.

7.4 Unless otherwise agreed, payment for services by AHA! is due without deduction at the point of hand-over/ delivery of the translation. If a pick-up by the client has been agreed and this does not occur punctually, the client is obligated to pay on the day the translation was ready for pick-up.

7.5 AHA! reserves the right to request payment on account in advance.

7.6 In the event of late payment, AHA! reserves the right to withhold the translation as well as the documents provided with the order (e.g. scripts to be translated). In the event of late payment, AHA! will charge the legal rate of interest (4% for private clients and 8% above the base rate of interest for corporate clients) as well as appropriate reminder fees.

7.7 If payment in installments (e.g. payment on account) has been agreed between the client and AHA! and the client defaults payment, AHA! reserves the right to suspend translation services without legal consequences and without prejudice to their rights until the client complies with their payment obligations. This also applies for orders with an agreed fixed delivery date (fixed date transactions according to points 6.1 and 6.3).

8 Force Majeure

8.1 In the event of force majeure (reasons and forces beyond AHA!’s control), AHA! is to inform the client as soon as possible. Force majeure entitles both AHA! and the customer to withdraw from contract. The customer must, however, compensate AHA! appropriately for expenses and services already provided.

8.2 The following shall especially be considered as cases of force majeure: work conflicts, acts of war, civil war, a standstill in the administration and/or in the administration of justice, cut-off of means of communication and in the case of unpredictable events beyond the control of AHA! that have a provable and decisive impact on AHA!’s ability to fulfill contract.

9 Warranty and Compensation

9.1 All mistakes and shortcomings must be explained sufficiently in writing, and proven (error log). The client must file the complaint about obvious errors and shortcomings in the translation or other service within five working days of receiving the translation/ service.

9.2 The client must grant AHA! a reasonable opportunity and time period to rectify shortcomings and improve the service provided. If AHA! rectifies the problem within a reasonable period, the client has no claim to a price discount nor to cancellation of contract.

9.3 If AHA! refuses correction or allows the reasonable period to lapse without recifying the problem, or if rectifying the problem would be associated with significant inconvenience for the customer, the customer may withdraw from contract (cancellation) or demand a price reduction. Minor shortcomings/ errors do not entitle the client to withdraw from contract (§ 932 Paragraph 4 Austrian Civil Code ABGB).

9.4 Warranty claims do not entitle the client to withhold the whole invoice amount. The client may only withhold a reasonable proportion of the invoice amount. The client also waives the possible compensation.

9.5 For translations and other services that are used for publication in whichever form, AHA! is only responsible for shortcomings if the client explicitly and in writing informs AHA! with their order of their intention to publish the text, and if AHA! receives proofs of the text up until the final copy after which the customer makes no further changes.

9.6 AHA! is not liable for mistakes in translations of and other services regarding original documents which are difficult to read, illegible or unintelligible, contain order-specific abbreviations which were not expanded on or explained by the customer when the order was placed, for stylistic improvements/adjustments of specific terminology (especially of industry/ company-specific terms) or for the reproduction of names and addresses which are not written in the Latin alphabet in the original documents. Additionally, no payment delay is permitted for the above reasons. This also applies for the checking of translations by external parties.

9.7 For original documents, texts to be translated etc. provided by the client, provided these are not returned to the client on delivery of the service, AHA! is only liable as the dispository according to the Austrian Civil Code for the duration of four weeks after completing the order. There is no insurance obligation. Point 5.5 also applies accordingly for reimbursement.

9.8 Due to the technical conditions, AHA! accepts no liability for shortcomings and impairments that arise from the delivery of target texts via data transfer (e.g. E-mail), e.g. transmission of viruses, compromisation of confidentiality, damage to files, as long as no gross negligence has occurred on AHA!’s part.

9.9 All compensation claims against AHA!, including for shortcomings, are limited to, unless otherwise required by law, the amount of the invoice (net). Exempt from this are cases which involve gross negligence or which are deliberately caused by AHA! and for which AHA! is to blame [i.e. only by the translation itself and not by the original text], or if personal damage is caused according to the Product Liability Act.

9.10 In the event that the client uses the translation for any other than the indicated prupose, AHA! cannot accept liability under the section compensation.

10 Reservation of Ownership, Copyright and Confidentiality

10.1 All documents given to the client in connection with the order remain the property of AHA! until full payment for all obligations arising from contract has been received.

10.2 All kinds of documents not included in the order, including translation memories, terminology lists, scripts etc. remain the intellectual property of AHA!. The transfer and reproduction of the documents is only permitted with the consent of AHA!. The handover of translation memories, terminology lists and the like represents an additional order payable by the customer.

10.3 AHA! is not obligated to check if a client is permitted to translate the original texts or have them translated and is therefore justified in assuming that the customer has all necessary permission from third parties. The client therefore explicitly confirms that they have all rights and permission necessary for the process and completion of the order.

10.4 The client is obligated to indemnify AHA! in respect of all claims brought by third parties against AHA! on the grounds of infringements of copyright and/or performance rights and other industrial or personal property rights. This also applies where a client has not indicated an intended purpose or where the client uses the translation for purposes other than the intended purpose stated. AHA! will immediately notify the client of such claims and summon them to appear as a third party in the case of legal proceedings. If the client does not join AHA! as a joint party in the proceedings, AHA! is entitled to recognise the claim and to receive compensation from the client without regard for the legitimacy of the recognised claim.

10.5 AHA! remains, as the intellectual creator, the author of the translation and is therefore entitled to be named as such. The client acquires the agreed rights of use for the translation upon full payment. The name of AHA! may only be included in a published text/ part of text if the whole service was provided by AHA! and is unchanged, or if AHA! agrees to this after viewing the text.

10.6 AHA! is obliged to maintain confidentiality and must oblige all contractors to observe confidentiality to the same extent.

11 General

11.1 The invalidity of individual provisions in these terms and conditions does not affect the validity of the other provisions. Should any provision be or become fully or partially ineffective or unenforceable, both parties are obliged to replace this with a legally permissible, effective and enforceable provision that comes as close to the economic intention of the replaced provision as possible (severability clause).

11.2 All changes, amendments to these terms and conditions and other agreements between the client and AHA! must be agreed in writing, i.e. the original or electronic signature of both parties is required.

11.3 The place of fulfilment for all contractual relationships that are subject to these terms and conditions is the professional headquarters (“domicile professionnel”) of AHA!. The relevant court for the professional headquarters of AHA! is responsible for ruling on all disputes arising from this contract.

11.4 Both parties are deemed to have agreed that Austrian substantive law shall apply. The language of contract is German. The place of jurisdiction is Kufstein.

Updated 5th February 2018