X2y.com.au is an Internet portal for the provision, utilisation and application of translation services. X2y.com.au, as the portal operator, offers its clients the possibility of translating texts against payment over the platform. The translations are done by x2y.com.au itself or by contracted translators. The conclusion and execution of the respective contractual relationships are set out under Utilisation of the Platform x2y.com.au..
Conclusion of contracts
The client can order a translation over x2y.com.au web pages. As a rule, x2y.com.au will then submit a quote valid for a specific time to the client over the Internet. The contract is concluded when the client confirms the quote online on the x2y.com.au platform. X2y.com.au has the right, regardless of this confirmation, to subsequently waive the contract. In case of a refusal there will be no liability, obligation or other claims between the parties.
The contract conclusion procedure is managed over the x2y.com.au platform. If not explicitly agreed otherwise, x2y.com.au pricing remains subject to change without notice and non-binding. X2y.com.au can make the conclusion of a contract subject to written proof of proper authorisation, a deposit and/or submission of a surety bond from a German bank. Delivery periods are only binding if confirmed in writing by x2y.com.au. The contract text is saved by x2y.com.au after conclusion of the contracted and is sent to the client by email on request.
Scope of services
X2y.com.au is obliged to provide a translation of the text transmitted by the client into the desired language and to ensure that the translation is carried out without reductions, additions or other changes in content. At the same time translations are carried out to reflect meaning either literally or analogously and faithful to mentality according to the average universally applicable quality standards of the translation industry of the relevant countries where the language is spoken.
Consideration will be given to specialised terminology imported by the client only when agreed and if sufficient and complete documents, e.g. preliminary translations or word lists are made available when the contract is awarded. Terms are otherwise translated as is common practice according to the quality standards.
Only texts are translated. If the text to be translated contains images (e.g. graphics, comics, etc) x2y.com.au can decline to translate these parts or the entire text. The same applies if texts include content that is punishable or unlawful or violates good manners; if the complexity of the text is above the capacity of translators available to x2y.com.au, or if because of other special circumstances processing the text is not acceptable to x2y.com.au, e.g. if translating the text submitted within the time available to an appropriate standard is not possible. There is no entitlement to remuneration for a refusal.
Acceptance, reprimand and remediation
When the translation is completed the translated text is made available to the client electronically.
Should the translation deviate from the contractual requirements, the client is obliged to give x2y.com.au an appropriate timeframe of at least 14 days to rectify. Rectification/remediation is not an option if the deviations were caused by the client itself, e.g. through incorrect or incomplete information or erroneous original texts.
After the period determined the client can request the cancellation of the contract or a reduction in the remuneration if the defect has not been eliminated timeously. Such claims will not be entertained if the deviation has a negligible effect on the suitability of the translation.
Termination or cancellation of the contract
After a contract has been awarded it cannot be cancelled. Data received from the client during the course of the contract or the file containing the translation itself remains with x2y.com.au for archiving purposes except if the client expressly requires the deletion of his/her personal data and/or the text for translation supplied by him/her.
If works in terms of the Copyright Act are created, either partially or completely, during translation provision, x2y.com.au is responsible for ensuring that the client has unlimited use and re-use of the translation provided to him/her geographically, content- and timewise (simple utilisation and exploitation). The right to further change and transmit the translation and its underlying rights to third parties is included. Regardless of the previous x2y.com.au is entitled to unrestricted use of the translation performed.
The client is obliged not to headhunt and/or appoint any translator at or for x2y.com.au during the contract period or for a year afterwards without the permission of x2y.com.au. For every case of culpable infringement, the client will be liable to pay x2y.com.au penalty of AU$10 000 for contract breach.
Validity of these terms and conditions
These general terms and conditions are valid for all future business including when they are not explicitly agreed upon again.
X2y.com.au is also entitled to change or add to these General Terms and Conditions. Changes or amendments/additions will be communicated to the client. Changes or amendments/additions detrimental to the client grant him/her the right to cancel the contract relationship with immediate effect within 7 days of access to the notice of change; after that period the changes and additions come into effect.
Ancillary agreements, assurances and other agreements as well as changes or additions to the contract have to be in written form to take effect. The same applies to waiving this written form requirement.
X2y.com.au operates a direct translation service that is available worldwide over the Internet and/or other commercial networks. The translations are done not only by x2y.com.au, but also by independent third parties contracted by them. In all cases contractual relationships lie exclusively with x2y.com.au and not with its clients.
Contracts with x2y.com.au not covered by the scope of service according to Number 3 are not covered by these terms and conditions. These include, in particular: additional services like DTP, printing, HTML files etc. The conditions for such services are agreed separately. The place of performance for all contract services is the x2y.com.au office, currently in Brisbane, Australia. If agreed in writing by the parties, this can also be by email and fax.