General Terms and Conditions
Engagement of Service and Money Matters
- Budget and Payment: Payment is due as described in your PSS. Any changes to your order that affect the final price owed by you must be confirmed in writing or via email. You are responsible for any and all transaction costs associated with payment.
- Late Payment Penalty: A late payment penalty equal to ten percent (10%) of the amount overdue will be charged for each day outstanding until paid, beginning with the due date of the late payment.
- Additional Expenses: You agree to reimburse us for any requested expenses which are not part of our proposal. That may include, among other things, the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
- Subcontracting: We reserve the right, at our sole discretion, to subcontract any services that we have agreed to perform for you.
- Variations: We gladly offer you the opportunity to review and request changes to the work described in your PSS. However, we may exercise the right to limit the number of proposals (design or otherwise) submitted to you to a reasonable amount. In addition, we may charge for additional changes that you request to any proposals which exceed the scope of the original work specified in your PSS. Any major deviations from the original PSS may be charged at a rate of € 95 per hour (not including VAT).
Your Rights and Obligations
- Client Materials and Information: You must supply any necessary materials or information requested by us for the completion of the work described in your PSS. That may include, among other things, questionnaires or reference materials aimed at helping us better understand your needs and personalize our service to you. If there are delays on your part in supplying these materials or information which, in turn, result in delays in the completion of the work, we have the right to reasonably extend any previously agreed completion dates described in your PSS.
- Approval of Work: You will be notified as soon as the work is completed and you will be given time to review and request reasonable changes to our work. We kindly ask that you review the work within the time frame proposed in your PSS. Should you fail to review the work within that proposed time frame, you will be given a 3-day grace period to notify us of any necessary changes or unsatisfactory work. Once the grace period expires, all completed work submitted to you will be deemed as approved. Once approved, or deemed approved, work cannot be subsequently rejected and the contract will be deemed completed, at which time any and all pending payment per your PSS will be due. Failure to pay at that time will result in the late payment fee described in clause 3 (“Late Payment Penalty”), above.
- Unreasonable Rejection of Work: We are committed to proving high-quality, personalized service. Therefore, we will take any and all reasonable measures to ensure your satisfaction with our work. However, if we, acting reasonably, consider that you have been unreasonable in any rejection of our work, we may exercise our right to treat this contract as at an end and to take any and all necessary measures at our disposal under applicable law to recover payment for the completed work.
- Ownership of Work: Once you have paid us in full, all copy, graphic images, logos, names, and trademarks or any other material developed by us for you are owned by you.
- Warranty by You of Intellectual Property: You are required to obtain any and all necessary permissions and authorizations to use, among other things, all copy, graphic images, logos, names, and trademarks, or any other material that you supply to us to include in any of the works you order from us (design or otherwise). You must indemnify us and hold us harmless from any claims or legal actions related to that material.
- E-commerce: You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify The Biz Muses and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
- Backups: You are responsible for maintaining your own backups with respect to your website and other materials developed by us for you and we will not be liable for restoring any client data or client websites or materials except to the extent that such data loss arises out of a negligent act or omission on our part.
Our Rights, Obligations, and Disclaimers
- Changes to Our Work: We understand that many of our clients are also colleagues and may be tempted to make changes to our work (design, linguistic, or otherwise). We are not liable for any unauthorized changes made to our work during or after the project completion date. If unapproved changes are made to our work, we reserve the right to request that our name be disassociated from that work in any way we deem appropriate, especially if we feel it lowers the quality of the work and could adversely affect our reputation in any way.
- Portfolio: We reserve the right to display graphics and other content elements as part of our portfolio and to use them freely as samples of our work, including as content features in other projects. We also reserve the right to place a text link at the bottom of every website we develop, when applicable.
- Non-Disclosure: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
- Search Engine Optimization Disclaimer [applicable only to clients who order websites]: While we perform basic search engine optimization according to best industry practices, we cannot guarantee any specific position in search engine results for your website, when applicable.
- Contracts and Legal Drafting Disclaimer [applicable only to clients who order contracts and other legal documents]: While we provide basic and general framework agreements for you to tweak and adjust to each particular project you work on (similar to but far more comprehensive and personalized than the model agreements provided by most translators’ associations and freely available online), that service does not constitute and is not aimed at replacing legal advice from experts in your jurisdiction. No lawyer-client or similar relationship is created by the use of our service, meaning that by hiring our drafting services, you are not retaining any member of our legal team as your legal counsel. The documents you order from us may need to be adjusted on a case by case basis depending on what specific deals you negotiate with your individual clients after we’ve delivered the basic and general framework agreements to you. If that happens, we urge you not to try to rewrite any of the provisions in any of the agreements yourself. Instead, come back to us or have an expert in your jurisdiction make those adjustments when necessary. The law is complicated and changes constantly, so we also recommend that you seek qualified legal assistance any time you have legal questions and that you take professional legal advice from a lawyer in your jurisdiction before embarking upon any course of action (or omitting to take any action) that has or may have legal implications (such as filing a lawsuit, among other examples).
- Domain Names and Web Hosting[applicable only to clients who order websites]: If we purchased any domain name registrations and/or web hosting on your behalf, we will supply account credentials to you once you have reimbursed us for any expenses that we may have incurred. We reserve the right to take any and all materials developed by us offline until reimbursed in full.
Miscellaneous (but important!)
- Unauthorized use or distribution penalty: The materials we develop for you are for your exclusive use and enjoyment. Redistribution, in any form or media, on your part of any such materials, especially the basic and general framework agreements developed for you by us, can have serious legal consequences both for you as well as for us. Therefore, you hereby agree not only to hold us harmless for any such unauthorized redistributions but to also indemnify us to the fullest extent permitted by law for any such unauthorized redistributions on your part. In addition, as part of our service to you, you will receive information sheets and checklists for optimizing your use of our service and for updating your basic and general framework agreements per applicable law. While such materials are given to you for free, you are receiving them as a thank you for being a paying client. Redistributing those materials to non-paying clients constitutes an unauthorized distribution and will be subject to any and all legally applicable penalties and fines.
- Severability: If a provision of these General T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Impressum and Legal Disclaimer
The Biz Muses
160 City Road,
London, England, EC1V 2NX, UK
Nicole Konig and Paula Arturo
Company Number: 11386743
VAT No: GB 297539443
Indication of source for images and graphics
Accountability for content: The contents of our pages have been created with the utmost care. However, we cannot guarantee their accuracy, completeness or topicality. Per applicable law, we are only responsible for our own content on these web pages. We are not obliged to monitor the transmitted or saved information of third parties or to investigate circumstances pointing to illegal activity.
Accountability for links: Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of those linked pages. No violations were evident to us at the time of linking. Should we become aware of any legal violations or infringements, we will remove the respective link immediately.
Copyright: Our web pages and their contents are subject to English copyright law. Unless expressly permitted by law any use, reproduction or processing of works subject to copyright protection on our web pages requires the prior consent of the respective rightsholder. Individual reproductions of works are allowed only for private or non-commercial use, direct or indirect commercial use is prohibited. Unauthorized use of copyrighted works is punishable by law.