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Terms and Conditions

1 Agreement

1.1 The contractor is allowed to employ a third-party in order to meet his contractual obligations. However, even if the contractor chooses to make use of this right, there will not be a contractual relationship between the third-party and the client.

1.2 The company, Erika Littmann Clerical Services and Transcriptions (hereinafter referred to as Littmann Clerical Services), is committed to executing every accepted project to the best of its ability and making use of all means, knowledge and experience.

1.3 The basis of every contractual relationship is the valid Terms and Conditions, even if it is not explicitly expressed. Therefore, the client’s own Terms and Conditions are not applicable. Changes and additions to the contractual stipulations are only applicable when they have been confirmed in writing by Erika Littmann Clerical Services. These stipulations apply to all future contracts, even if it is not explicitly mentioned in a given case.

2 Order confirmation / Contract / Supply

2.1 Proposals made by the contractor over the Internet or in another form are non-binding and subject to change. The scope of services performed by Littmann Clerical Services are only binding at the point in time when a written contract is agreed upon between Littmann Clerical Services and the client.

2.2 The contract is only considered complete when the client places an order and this order is confirmed by the contractor. Placing orders and confirming orders may be done verbally. The contract is completed with a written order confirmation or through the receipt of an electronic order confirmation. The order confirmation is considered processed as soon as the client is able to view the electronic message, which is generally considered as the time when the message appears on the server that hosts the client’s E-mail account. Whether the client has actually viewed the message is not essential.

2.3 Furthermore, as long as there is no other agreement, the order confirmation is binding for the type of order, the scope of the order and for the remuneration. Indications of quantity in the order confirmation are based on information from the client. In the case that the provided services differentiate from the information provided in the order placement, the actual scope of services is considered as agreed upon.

2.4 Littmann Clerical Services are done exclusively to support the client’s undertakings, which are solely the responsibility of the client. The services provided by Littmann Clerical Services therefore cannot be held responsible for achieving a specific result.

2.5 Littmann Clerical Services performs all services according to the widely held standards, currently DIN 5008 and 676, and uses the new spelling rules and state-of-the-art technology. This especially applies to transcriptions. Inadequate recording quality causes transcriptions to take longer and to require extra work. These additional costs must be covered by the client.

2.6 The client is to ensure that Littman Clerical Services is provided with all the necessary assistance and cooperation required. This assistance is to be provided to the required extent, in a timely manner, and free of charge. The client’s cooperation duties are essential obligations.

2.7 Data storage devices that are provided by the client for use must be technologically and content-wise flawless. If this is not the case, the client will compensate Littmann Clerical Services for all the damage caused by use of the data storage device, and the client will exempt Littmann Clerical Services from all third-party demands.

2.8 The client will keep copies of every document and data storage device given to Littmann Clerical Services, and Littmann Clerical Services will be allowed to access these copies at any time in the case of a possible loss of data. After Littmann Clerical Services has completed its services, it is allowed to destroy all the documents that were given to it by the client. Littmann Clerical Services may also return the documents to the client if the client so desires.

2.9 If the client does not meet its cooperation duties in a timely manner or in a way that does not correspond to what was agreed upon, then the client is responsible for the consequences (i.e. delays, additional effort and expense).

2.10 If Littmann Clerical Services falls behind with delivery, claims for indirect damage are not possible as long as Littmann Clerical Services did not act with willful misconduct or with gross negligence, or a situation occurred that made the performance of services impossible.

2.11 Littmann Clerical Services has the right to withdraw from a contract if the owed services become infeasible after the completion of the contract. The burden of proof in this situation rests on Littman Clerical Services.

2.12 In the case that a contract is prematurely terminated, the client will have all of its documents returned, both the originals and those in processing. The documents will be returned in the state they were in at the time of termination. Littmann Clerical Services has the right to issue a bill for the work done up to the point of termination.

3 Prices, Payment

3.1 All prices are to be understood in € (EUROS) including the legally required value added tax. The price is based on, if not otherwise agreed, one DIN A4 page 12 pt. font size/1.5 spacing (corresponds to 1,800 characters) or one minute of audio for interviews/recordings of meetings or one hour of work for all other services. Littmann Clerical Services has the right to add a reasonable extra charge, even for projects that have a fixed price, if the information provided is incomplete or inapplicable or the client does not meet its cooperation obligations or the amount of work is significantly more than what was estimated at the time that the contract was completed.

3.2 Payments may be made in cash or per money transfers after the bill is issued. Payment is due immediately after the bill is issued, unless explicitly stated otherwise on the bill.

3.3 The contractor has the right to insist upon a reasonable advance payment of the total order value from new customers. Data may be provided as a pdf file until the order is paid in full. If the client pays at least 80 per cent of the total order value, the data will be available immediately.

3.4 If the client does not meet its payment obligations or stops a payment, then Littmann Clerical Services has the right to demand the entire balance due, advance payments, or other securities. Littmann Clerical Services also has the right to charge late fees as well as the legally allowed interest rate on past-due payments.

3.5 The client only has the right to offset, withhold or reduce payments, even in the case of alleged notices of defects and counterclaims, if Littmann Clerical Services expressly agrees or if the counterclaims have been determined by a court.

3.6 The mentioned dates and deadlines in the contract are only binding when they are denoted as such by both the client and Littmann Clerical Services. In principal, binding deadlines are only given after an order has been placed. Otherwise, the dates/deadlines given are non-binding and are only meant for the purpose of orientation. If it can be proven that a deadline for a service cannot be kept due to an impediment for which Littmann Clerical Services is not responsible, then the deadline will be extended after consultation with the client

3.7 Services may be delivered per E-Mail, CD-ROM, Telefax, letter mail or by personal pick-up depending on the wishes of the client; however, the delivery takes place at the customer’s own risk.

3.8 Deliveries will take place using the pre-determined transportation method. Littmann Clerical Services is only responsible for the correct sending of data. Loss, corruption or distortion of data during transport are the sole risk of the client as long as these issues do not result from gross negligence or willful misconduct. The same applies to the other forms of delivery. If delivery is to be made through any other means besides electronic data transfer, then the client will bear the shipping costs.

3.9 If the client issue an order online, he will receive both the order and the final bill in the same manner. These documents are then the originals.

4 Copyright, Confidentiality

4.1 The following sub-points are related to all services in the creative area

4.2 Until full payment is made, all services remain the personal property of Littmann Clerical Services. Thus, Littmann has the right to withhold partial services until the payment of all charges is complete.

4.3 Littmann Clerical Services and all of those that are involved in fulfilling the order are bound by an agreement of non-disclosure. Information about operational procedures, technical facilities and commercial operations will remain strictly confidential.

5 Liability

5.1 Littmann Clerical Services is obligated to perform every project to the best of its knowledge and abilities. Warranty claims are limited to the remedying of deficiencies. Should a deficiency be found, the client is to contact Littmann Clerical Services in writing within 7 calendar days, and the deficiencies are to be clearly specified and detailed.

5.2 The warranty claim becomes invalid if changes are made to the service product. The warranty claim is limited to improvements or compensation. If the contractor fails to make the needed improvement or provide compensation, then the client has the right to withdraw from the contract or to demand a reduction in price. Littmann Clerical Services is only responsible for damages that occur due to gross negligence and willful misconduct. The client does not have the right to compensation for damages in the cases of technical malfunction or circumstances beyond Littmann Clerical Services’ control.

5.3 Liability and warranty claims specifically do not apply for interruptions to the agreed upon services that are the result of exceptional circumstances (acts of nature, interruption of business operations, illness, etc.); delays in the transmission of services or correspondence due to the delivery agent; other direct or indirect damages and consequential damages, which come about through the rendering or failure to render services.

5.4 Littmann Clerical Services will store data for three months at its own cost, unless another arrangement is agreed upon

5.5 Littmann Clerical Services is not responsible for the content of the documents composed at the behest of the customer.

6 Withdrawal

6.1 After the receipt of the order confirmation, the client has the right to revoke the contract within a two-week period of time as pursuant to § 3 of the Distance Selling Act in combination with § 361a of the German Civil Code. The order confirmation is considered processed as soon as the client is able to view the electronic message, which is generally considered as the time when the message appears on the server that hosts the client’s E-mail account. Whether the client has actually viewed the message is not essential. The revocation shall be given either through E-Mail or another durable medium. Sending the revocation during the two-week time period shall be sufficient for compliance with the deadline.

6.2 However, the right of revocation shall expire during the revocation period if the contractor begins working on the service with the explicit approval of the client.

6.3 As pursuant to point 6.1, the contractor has the right to begin working on the service before the revocation period has expired. The client explicitly agrees to the contractor beginning work on the service immediately unless another agreement is reached in writing.

6.4 The client has the right to withdraw from the contract even after the revocation period has expired, as according to point 6.1. However, in this case the client will need to refund any costs that were incurred up until the point of the cancellation, and the client must pay for parts that have already been completed.

7 Confidentiality / Privacy

7.1 As pursuant to § 33 I of the German Federal Data Protection Act (BDSG), the client is hereby informed that Littmann Clerical Services automatically processes personal data so that it may be read electronically for the purpose of completing tasks as stated in the contract.

7.2 Littmann Clerical Services strives to comply with data protection regulations. It has placed its employees and third-party contractors, which it employs to complete the contract, under an obligation to ensure data secrecy, according to § 5 of the BDSG, and to meet the required technological and organizational measures, which are stipulated in § 9 of the BDSG.

7.3 Littmann Clerical Services has the right to reveal user data in strict accordance with the provisions of § 28 of the BDSG as long as it serves of the purpose of employing a third-party to fulfill this contract. The same applies if the disclosure is necessary to detect, contain or remove any faults or errors in the contractor’s or the aforementioned third-party’s data processing systems.

7.4 The contractor strives to protect all the data that is given to him as well as to prevent unauthorized third parties from accessing the data processing. However, it is impossible to guarantee complete protection due to state-of-the-art technology. Thus, the client is hereby explicitly warned about the possible risk.

7.5 The client and Littmann Clerical Services are each required to maintain the confidentiality of all documents and information that are explicitly designated as confidential or that are clearly identifiable as not being intended for third parties. These obligations shall also be imposed on all staff and third parties.

7.6 Littman Clerical Services offers secure data transfers through PGP encryption completely free of charge.

8 Other

8.1 Unless otherwise noted in the order, Rottendorf, which is under the jurisdiction of Würzburg, is where payment and delivery shall be made.

8.2 Changes or additions to these Terms and Conditions are required to be in writing. Likewise, the annulment of this clause requiring written form must be done in writing.

8.3 If any provision of these Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The contracting parties will replace the invalid or unenforceable provision by a provision that best meets the economic purpose of the invalid provision.

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