Article 1: Definitions

In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.

 

General Conditions: The agreements as formulated in this document.

Client: Company or person that hires WordForce for the performance of previously agreed work.

Agreement: Agreements made between WordForce and the client.

 

Article 2: Establishment of the agreement

An agreement is concluded by signing a quotation or freelance agreement by WordForce and the client.

 

Article 3: Duration of an agreement

3.1 An agreement is entered into for an indefinite period of time, the duration of a pre-formulated assignment, or the duration that WordForce and the client agree with each other. The agreement ends after this period and when all financial obligations have been met.

3.2 If WordForce and the client enter into an agreement for an indefinite period, it can be dissolved at any time by one of the parties. The notice period is one calendar month, starting on the first of the new month. Notice has to be given in writing by email. 

3.3 Interim dissolution of an agreement that is bound to a pre-formulated time frame is not possible. The agreement can only be terminated prematurely for pressing, legitimate reasons and in consultation with WordForce.

3.4 WordForce reserves the option to terminate the agreement at any time. WordForce communicates about this with the client in writing, by telephone or by email.

 

Article 4: Rates and changes to rates

4.1 The rates of WordForce are based on extensive market research of competitors. 

4.2 The applicable rates for the services of WordForce can be provided upon request.

4.3 All rates are exclusive of travel allowance.

4.4 WordForce is obliged to charge a VAT rate of 19% for its services, unless specified differently (f.e. when the Kleinunternehmerregelung applies - §19 Abs. 1 Umsatzsteuergesetz (UStG)). Should the Tax and Customs Administration change this with regard to one or more services, the VAT will at all times be passed on to the client.

4.5 WordForce has the right to increase the rates once a year in line with the market. The client will be informed of this in writing, by telephone or by e-mail.

4.6 The new rates take effect from the new calendar year (January).

 

Article 5: Invoicing and payment

5.1 WordForce will send an invoice for the service at the beginning of the next month. The client will then find an overview of the services provided, the associated rates and the amount owed, including and excluding VAT.

5.2 The client has no later than 14 days after the invoice date to return the amount due to WordForce's bank account, unless stated differently.

5.3 WordForce does not accept cash payment for the services provided. Payment can only be made through the business bank account provided on the invoice. 

5.4 In exceptional circumstances it is possible to meet the financial obligations in installments. A payment arrangement can only be established and established in consultation and agreement with WordForce.

5.5 In the event of non-compliance with the financial obligations by the client, WordForce will terminate its activities immediately. The client will be informed of this in writing, by telephone or by e-mail.

5.6 All costs arising from non-payment, both judicial and extrajudicial, including all administration costs, court costs, bailiff and/or collection agency, are for the account of the client.

 

Article 6: Procedure

Orientation meeting and quotation

6.1 Before WordForce agrees to an assignment, an exploratory meeting with the client takes place. This can be in writing, by telephone, by e-mail or in a personal meeting. In this phase, both parties are free to refrain from any cooperation.

6.2 After an exploratory meeting has taken place, WordForce will draw up a quotation stating the agreements and costs.

6.3 A quotation is without obligation and does not entail any financial or other obligations.

6.4 A quotation is valid for 30 days, starting from the quotation date stated on the quotation.

6.5 A quotation can be revised no more than once after consultation with the client. Multiple revisions or changes are not included in the quoted price and will be charged separately.

6.6 There are no costs associated with an exploratory meeting and the preparation of a quotation.

 

Order confirmation and withdrawal

6.7 The provisions of Article 2 of the General Terms and Conditions apply to the confirmation of an order.

6.8 The provisions of Article 3 of the General Terms and Conditions apply to the duration of an agreement.

6.9 If the client changes, postpones or withdraws the assignment, WordForce is not obliged to deliver the content already created. WordForce does however retain the right to payment for its efforts.

 

Quality

6.10 With regard to the performance of the agreed assignment, WordForce is subject to a best efforts obligation. This means that the contractor will do its best to achieve desired results and / or formulated objectives in a professional manner and according to its own insight.

6.11 In the performance of the agreement, the client will always fully cooperate with WordForce.

 

Disclaimer

6.12 The client has the obligation to check the delivered texts and/or other forms of content creation for inaccuracies and inaccuracies. He/she accepts any liability arising from this and indemnifies WordForce against any form of liability under current or future legislation.

 

Article 7: Copyright

7.1 WordForce delivers web texts and other forms of content to the client. The copyright and publication right rest with the client, but only for the agreed use.

7.2 The client is obliged to add the name of the author to copyrighted material, unless there are serious objections to existence or the mention of a name is unusual in certain circumstances. In these cases, the client and WordForce must make separate agreements about this in advance.

7.3 The copyright on course and training material rests with WordForce. No part of this material may be reproduced, stored in an automated database, or made public, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior express consent of the author.

 

Article 8: Privacy

8.1 WordForce and the client are obliged to maintain confidentiality with regard to information that comes to their knowledge by virtue of the professional practice. This does not only apply when an agreement has been concluded with the client: even after this period the confidentiality obligation remains in force.

8.2 The personal and contact details of the client will be changed after termination of the the agreement for a period of at least 7 years. This information is single accessible to Elsbeth Reinke from WordForce.

 

Article 9: Conflict settlement

9.1 If the client is dissatisfied with the services, results and / or working method of WordForce, he / she must discuss this in mutual consultation with Anton Mous. Together they look at how these concerns and / or dissatisfaction can be removed.

9.2 If WordForce and the client cannot reach a solution, the latter party has the right to have the dispute settled by a competent court in the district of the contractor.

 

Article 10: Final provision

WordForce is authorized to change these General Terms and Conditions. The most recently published version of the General Terms and Conditions on the WordForce website always applies.