§1 Validity of the T&C

  1. Darren Chastney provides these services online both in his own name (for non-VAT payers, physical persons) and through his registered limited liability company Kavali, s.r.o. (for registered VAT payers). All services are provided by Darren Chastney, except for those where certified professionals (professional translators, copywriters, editors and proofreaders) are contracted to provide a specific language combination or subject specialism.
  2. Darren Chastney/Kavali, s.r.o. provide services exclusively on the basis of these T&C; the T&C are considered as accepted with any placement of an order with Darren Chastney/Kavali, s.r.o. Any conditions of the client differing therefrom are hereby expressly waived.
  3. Darren Chastney/Kavali, s.r.o. reserves the right to change or amend these T&C at any time.
  4. Additional agreements, confirmations, other agreements as well as changes and additions to this contract require the written form to become effective.

§2 Conclusion of the contract

  1. A price offer is generated and sent by email on the basis of information provided by the client (via the Contact Form, telephone call, or email).
  2. The determination of the volume of a document to be edited and the corresponding price calculation are performed using standard word count software or an estimate of hours required.  Darren Chastney/Kavali, s.r.o. expressly reserve the right to adjust the cost of the text services to the actual volume of the document (according to current prices), even after conclusion of the contract, if automatic determination of the volume of the text to be edited cannot be carried out with sufficient precision due to technical reasons (for example, because the text to be edited contains text fields that are not recognized by the counting software as text to be edited, or because a format is used which cannot be counted accurately online in all cases, such as pdf or xls formats).
  3. The client accepts the price quote via email. The contract is concluded with an email confirmation.
  4. Once the contract is concluded, Darren Chastney/Kavali, s.r.o. starts processing it. At the same time, the contractual term of delivery on principle also starts once the contract is concluded.

§3 Scope of Services/Rights of Use

  1. Darren Chastney/Kavali s.r.o. undertake to properly and professionally draft, revise, correct or translate a text specified by the client in the desired language. For translations, Darren Chastney/Kavali, s.r.o. commit to ensure that no cuts, additions or other changes with regards to content are made. Depending on the meaning of the original text, translations are done literally or conveying the meaning and approach according to the average, generally accepted quality standards of the translation industry for the respective language area.
  2. Special technical terminology adopted by the client is only taken into account if agreed upon beforehand and if sufficient and complete documentation such as previous translations or glossaries are made available when the order is placed. Otherwise, technical terms are translated or used as is generally accepted in accordance with the quality standards pursuant to section.
  3. Only texts are translated and/or edited. The text to be translated may be rejected if it contains images. Texts may also be rejected if they contain criminal or immoral content. Apart from this, the text may be rejected if there are special circumstances which make editing the text appear unreasonable. This may especially be the case where, because of the difficulty and/or volume of the original, a translation in an appropriate quality is not possible in the period specified by the client. Darren Chastney/Kavali, s.r.o. will inform the client of this fact as soon as possible. In the case of a rejection, no claim for compensation is due.
  4. In case a text obtains copyright protection by being edited by the respective specialist, Darren Chastney/Kavali, s.r.o. guarantee that the client – to the legally permissible extent – receives the unrestricted right to use, unlimited in time, space and with respect to content. This includes the right to make changes and to transfer rights to third parties.

§4 Acceptance/Obligation to Notify of Defects

  1. After a respective project has been completed, the finished text is sent to the client via email. The client shall confirm receipt of such document.
  2. Other delivery forms, such as by regular mail, take place only on the basis of a separate explicit agreement (according to section 1.4), for example in the case of certified documents.
  3. The client shall check the text for any defects immediately upon receipt. Claims of obvious defects in the edited text are to be made in writing by specifying the defects immediately after receipt by the client; claims are to be made immediately after their discovery. If no written claim of defects is made within five working days of the edited document being received, the edited text is considered to have been carried out according to the contract.
  4. The client has to check the text for any defects immediately upon receipt. Claims of obvious defects in the edited text are to be made in writing and specifying the defects immediately after receipt by the client ; claims of hidden defects are to be made immediately after their discovery. If no written claim of defects is made within 5 days, the edited text is considered to have been carried out according to the contract.

§5 Remedy of Defects

  1. As far as the edited text differs from the agreed requirements, the client has to set Darren Chastney/Kavali, s.r.o. a reasonable deadline to remedy the defects. A remedy is excluded if the differences were caused by the client, e.g. due to incorrect or incomplete information or faulty original texts.
  2. After the deadline to remedy the defects has passed to no effect, the client may demand to cancel the contract (cancellation) if the defect has not been remedied in time.
  3. All claims are excluded if the difference only insignificantly reduces the value or suitability of the translation or edited text.
  4. Determining a deadline is not required if at the conclusion of the contract the client expressly stated that the provision of the contractual service is no longer of use after the expiry of the delivery period.

§6 Remuneration/Payment Terms

  1. Darren Chastney/Kavali, s.r.o. invoice the client the services at the agreed price or the agreed minimum fees and conditions (excluding VAT in the case of invoicing through Darren Chastney directly, and plus the applicable VAT in the case of invoicing through Kavali, s.r.o.). Price quotes, invoices and payments shall be made in euros (EUR)
  2. Invoices shall be sent electronically in pdf format to the client’s email.
  3. The invoice shall state the work performed, the sum payable, and the maturity term. Default monthly interest shall apply to late payments in accordance with the law.

§7 Cost Settlement/Prohibition of Assignment

  1. The settlement of any claims by Darren Chastney/Kavali, s.r.o. with counterclaims of the client require the prior written agreement between the client and Darren Chastney/Kavali, s.r.o.
  2. The assignment of rights under this contract is inadmissible without the consent of Darren Chastney/Kavali, s.r.o.

§8 Cancellation

  1. The client may cancel the contract at any time prior to completion of the translation.
  2. If an awarded contract is cancelled by the client, the costs incurred to date must be compensated according to the degree of their completion. In any case, the reimbursement claim amounts to at least 50% of the order value.
  3. The data received from the client in the context of the order or the edited text file will remain at Darren Chastney/Kavali, s.r.o. for archiving purposes. These data are deleted only on the explicit written request of the client.

§9 Liability/Limitation of Liability

  1. Claims for damages from the contract, breach of duty at conclusion of the contract, positive breach of contract or default to Darren Chastney/Kavali, s.r.o. are excluded to the legally permissible extent. The liability for auxiliary persons is excluded in any case.
  2. Darren Chastney/Kavali, s.r.o. is not liable for any loss or delay of services due to force majeure or unforeseen, temporary frustrations not caused by Darren Chastney/Kavali, s.r.o., in particular strikes and lockouts as well as breakdown of communication networks and gateways of other operators.

§10 Exclusion of Warranty

  1. Darren Chastney/Kavali, s.r.o. does not guarantee that the respective translation or edited text is permissible and appropriate for the intended use of the client. This applies especially if the delivered text is published or used for marketing purposes. In this regard, the client alone bears the legal risk of usability or publication.

§11 Secrecy/Viruses/Data Protection

  1. Darren Chastney/Kavali, s.r.o. makes every effort to maintain the confidentiality of the transmitted texts according to the current state of the art. However, due to the electronic data communication, Darren Chastney/Kavali, s.r.o. cannot guarantee 100% confidentiality. Darren Chastney/Kavali, s.r.o. recommends transmitting the documents to be worked on via its secured SSL order portal. The confidentiality, integrity and availability of the documents cannot be guaranteed if they are transmitted by other electronic means (e.g. email). Darren Chastney/Kavali, s.r.o. disclaims all liability in connection with the unsecured transmission of documents.
  2. Darren Chastney/Kavali, s.r.o. also makes every effort to examine the electronic data communication for any viruses or sabotage programs according to the current state of the art. However, a 100% protection against viruses or sabotage cannot be guaranteed even when applying due diligence. The client is expressly advised of a remaining residual risk.
  3. Darren Chastney/Kavali, s.r.o. declares that its employees and vicarious agents have been pledged to strict confidentiality and to compliance with data protection and that Darren Chastney/Kavali, s.r.o. has taken all necessary technical and organizational measures to ensure the implementation of the provisions of the Data Protection Act.

§ 12 Final provisions

  1. The place of fulfilment for all contractual services is the registered office of Darren Chastney/Kavali, s.r.o. in Bratislava, Slovakia.
  2. Contracts concluded on the basis of these T&C are subject to Slovak law exclusively.
  3. Bratislava (Slovakia), the registered office of Darren Chastney/Kavali, s.r.o., is the exclusive place of jurisdiction for all disputes, claims or disagreements arising from or in connection with this contract, including its validity, invalidity, breach or cancellation.
  4. In case individual provisions of this contract are ineffective or invalid, the validity of the remaining provisions remains unaffected. The ineffective or invalid provision is to be replaced analogously by the relevant statutory provisions. The same applies to a regulatory loophole.