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Our language translation services process document translations. The document will be translated from a source to a target language. The price will then be automatically calculated online within the selected time period...





The slide design or presentation design service process the creation of professional presentations...
ModusNext.ch GmbH
BU TranslationArtwork.com
Fliederweg 3
9320 Arbon
Switzerland

(t) +41 (0) 44 586 4858
(f) +41 (0) 44 575 3344 info@translationartwork.com
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Terms of Use - First of all information, this service is free without registration fee or monthly membership fee. You must read and be in full agreement of the following terms before using the translator service.
Translator and Artworker Agreement of TranslationArtwork.com


Table of Content
§ 1.	Scope of Terms and Conditions
§ 2.	Contract Agreement
§ 3.	Scope of Services rendered
§ 4.	Translator Obligation
§ 5.	Rectifications and Deficiencies
§ 6.	Award Program

§ 7.	Payment Conditions
§ 8.	Resignation
§ 9.	Liability
§ 10.	Exclusion of Warranty
§ 11.	Confidentiality and Data Protection
§ 12.	Head-hunter Prohibition and Competition Clause
§ 13.	User Account, Password, and Security
§ 14.	Place of jurisdiction
     
     

§ 1. SCOPE OF TERMS AND CONDITIONS
Chapter 1
TranslationArtwork.com is a subsidiary of ModesNext.ch GmbH.

Chapter 2
TranslationArtwork.com offers two services at your disposal through its website:
a.Human Translation (Technical Translation by human translators or interpreters, called Translator)
b.Artwork(Professional PowerPoint Presentations done by Human Art workers respectively Designers, called Artworker)
c.Translator and Artworker are called TA-worker in the following document
d.Principal are called the client of TranslationArtwork.com which initiate the order.

Chapter 3 
These two services, Translation and Artwork (referred to as Slide Design) are not personally done by TranslationArtwork.com but by freelance certified translators, and professional designers registered through our worldwide network. TranslationArt.com fulfils the services ordered according to the terms and conditions.

Chapter 4
Agreements other than those stipulated in our terms and conditions will only be accepted and according to the request effective only in written form.

Chapter 5
TranslationArtwork.com reserves the right to change their terms and conditions at any time.

Chapter 6
A transfer of the contractual terms and conditions is not viable without the explicit consent of TranslationArtwork.com 

Chapter 7
For questions regarding orders or other topics there are two E-Mail addresses available:
- Translation, translation@TranslationArtwork.com
- Artwork, artwork@TranslationArtwork.com



§ 2. CONTRACT AGREEMENT
GENERAL
Chapter 1
TranslationArtwork.com transmits their offer over its Website www.TranslationArtwork.com or through its Sub-Domains, according to the order parameter defined by the customers needs and finally forwarded to the selected TA-worker. The offer can then be viewed upon acceptance in the assigned Customer Login. 

Chapter 2
Momentarily we support only documents in Microsoft Word (.doc) or in Microsoft PowerPoint (.ppt), respectively .jpg, .bmp, .tif and .gif for handwritten documents.

Chapter 3
Our assignment parameter calculates the price online through our Document-Upload-Intelligence (DUI). This quotes the real time price, which is the lowest bid. Generally the quoted price is the end amount. TranslationArtwork.com reserves the right even after contract closure, to adjust the price according to daily rates. This adjustment can result from problems with the online calculation or with a text that cannot be detected or recognized by the DUI. This can result in incorrect entries or an error of estimation by the customer or by TranslationArtwork.com, external hacks, internet threat or abuse, security leaks and internet viruses or spy ware, etc.

Chapter 4
TranslationArtwork.com differentiates between regular and new customers (see § 6 Customer Status and Award Program). After the regular customer has confirmed the order, TranslationArtwork.com will begin with the assignment. Services are payable up front by new customers, before commencement. The delivery time begins as soon as the order is confirmed (regular customers) or with confirmation and payment (new customer). Exceptions can be made in regards to new customer payment, TranslationArtwork.com will decide each case individually.

Chapter 5
If an order is defined outside of our business hours (Monday to Friday, 7.00 a.m. to 7.00 p.m.), TranslationArtwork.com reserves the right to extend the delivery time.

Chapter 6
TA-worker is able to confirm or to decline the order. If the TA-worker confirms the order, he has to adhere to delivery time. 

Chapter 7
Delivery time, quality and pricing are the most important principles for TranslationArtwork.com

SERVICE ARTWORK
Chapter 8
The offered services can only be completed within the resource limitations of TranlationArtwork.com. The contractual delivery period depends upon the presentations level of difficulty, 25 slides per day. If the numbers of slides exceed 25, the order will be automatically bumped up to the appropriate category.

Chapter 9
TranslationArtwork.com differentiates between three different Design-Categories:
- One-to-one production: 
these are primary text slides that have to be appropriately formatted and adapted to the customer’s corporate design or a standard design. 
- Visual Enhancement: 
are primarily graphic slides with or without text that have to be transfigured adapted to the customer’s corporate design or a standard design.
- Animation: 
text slides, graphic slides or a combination of both have to be animated and adapted to the customer’s corporate design or a standard design. We define an animation slide as follows: 
-- 5 Graphic objects or 
-- 5 Diagrams objects or 
-- 5 Text Objects or a 
-- Total combination of 5 Objects (Graphic, Diagrams or Text) and
-- One effect per object. 

Chapter 10
TranslationArtwork.com defines text objects as elements that are assembled together as a text. Graphic objects from unchangeable external graphics, for example .jpg, .bmp, .tif and .gif. Diagram objects are elements that can be constructed through the PowerPoint symbol list function.

Chapter 11
Graphic objects can not be altered by TranslationArtwork.com.

Chapter 12
The customer has the chance to express instructions by inserting a short commentary on the text slide or draft. The commentary should be written between two squared brackets open „[[“ as beginning of commentary and two squared bracket close as end of commentary „]]“. If there is no commentary the customer will leave the layout implementation of the presentation to TranslationArtwork.com. Concerning this matter the customers disclaim reporting improvements and deficiencies.
If a corporate design (PowerPoint-Master) is delivered then the presentation will be completely based on this design. The PowerPoint-Master will only be changed upon the customer’s request.

SERVICE TRANSLATION
Chapter 13
The service offered can only be fulfilled within the capabilities of TranslationArtwork.com. The general contractual delivery time of one day comprises of 200 lines per day. If this amount is exceeded then the order will be assigned automatically to an appropriate category.



§ 3. SCOPE OF SERVICES RENDERED
If the TA-worker takes an order he is bound to the following scope of services rendered:

SERVICE ARTWORK
Chapter 1
TranslationArtwork.com is obligated to fulfill the specifications of the customer guidelines through the delivered handwritten notes in digital form, Microsoft PowerPoint, Corporate Design, etc. When textual unclarity is present, TA-worker have to place the relevant text phrases between two opened “((” and closed “))” consecutive parentheses so that the customer can correct without harming the quality of the document.

Chapter 2
The value performance of the subject matter is determined by the order parameter. This is required in designing a presentation based upon Microsoft PowerPoint. In order for this to take place, a requirement of a digital or handwritten display or a combination of both is required by the principal and forwarded through TranslationArtwork.com.

SERVICE TRANSLATION
Chapter 3
To assure grammatical coherence of a document, the Translator is obligated to translate documents in the highest possible standard, professional and translate literally in dependencies of the textual coherence.

Chapter 4
Momentarily we can only take documents in format of Microsoft Word (.doc) for translations.

Chapter 5
If the document includes a picture, it will be excluded from the translation, especially if it is a visual that is from a Microsoft Word foreign application. Ideally text of graphics from a Microsoft Word foreign application is translated into continuous text. The text will be put between two opened “((” and closed “))” consecutive parantheses so that the customer can correct without harming the quality of the document.



§ 4. TRANSLATOR OBLIGATION 
Chapter 1
TranslationArtwork.com is obligated to deliver all necessary documents (Text, Pictures, Visuals, Logos, Tabulations, etc.) which have been delivered by the principal to process the order. These documents are essential to fulfill the order. 

Chapter 2
The availability of these documents is the sole responsibility of the customer.

Chapter 3
The availability of these documents is protected by the customers copyright. The TA-worker has not the right of use on the principal documents.

Chapter 4
The principal is obligated to be available for all questions and inquires or of delivery from additional documents, required either by E-Mail, instant messaging or telephone. TranslationArtwork.com expects the principal is available for questions, any vagueness, or additional delivery of documents during our office hours. 

Chapter 5
In the case of inadequate delivery, the missing documents will be requested by the TA-worker through the web presence of TranslationArtwork.com. The delivery time of these documents will be added on to the agreed time, without a breach of contract.

Chapter 6
The communication will be principally done by e-mail, if the principal cannot be reached per e-mail, written through the we platform of TranslationArtwork.com, within a two hour period during the office hours of TranslationArtwork.com, the TA-worker has to contact tTranslationArtwork.com by E-Mail. TranslationArtwork.com will contact the principal to deliver the missing documents. 

Chapter 7
If the document is completed by the TA-worker, he has to upload the document to the assigned order of TranslationArtwork.com.



§ 5. RECTIFICATIONS AND DEFICIENCIES
GENERAL
Chapter 1
As soon as the document is completed the customer will receive an e-mail with a link to the customer login. The customer can click onto either Translation or PowerPoint service and download the finished product.

Chapter 2
The TA-worker is obligated to fulfilling all of the principal’s wishes. If the principal is not satisfied with the TA-worker’s services, he can fill out a feed back sheet, point out his concerns and request the subsequent improvement.

Chapter 3
Improvements can be submitted through the Feed Back process. The agreement includes one (1) improvement, each additional improvement will be charged to the principal. A period of 3 days for amendment is required.

Chapter 4
Depending on the improvement TranslationArtwork.com can either verify or refuse the suggested improvement. Thus ending the assignment. 

Chapter 5
For the suggested improvement, TranslationArtwork.com will establish a time frame. If the customer is not satisfied with the improvement then this particular problem will be put in a status deficiency.

Chapter 6
TranslationArtwork.com can either verify or refuse the suggested deficiency. The verified deficiency will be corrected by the TA-worker. The refused deficiency completes the assignment.

Chapter 7
All customer requirements are lapsed, when the improvements are of a minimal character. TranslationArtwork.com will categorize the deficiencies.

Chapter 8
In the case that TA-worker cannot correct the deficiency the document will be billed excluding the deficiency. 

Chapter 9
TranslationArtwork.com differentiates between overt and hidden deficiencies. Overt deficiencies are those detected at first glance. Hidden ones are those detected after an in-depth scrutiny. Overt and hidden deficiencies will be rectified inert 3 days. Both of these forms have to be reported through our feedback form. If the deficiencies and or improvements are not reported within the above mentioned time frame, then TA-worker has fulfilled its commitment, and releases itself from any deficiencies or improvements.

Chapter 10
If TA-worker causes the deficiency and the principal does not want the order to be mended, the document will be billed excluding the deficiency. In case that the principal delivered incomplete documents the TA-worker will be compensated by the entire order amount.

Chapter 11
If the principal is not satisfied with the services rendered and does not want improvements, then he can declare a default, resulting in a withdrawal from the contract (see § 8 Resignation, Chapter 1).



§ 6. AWARD PROGRAM
Chapter 1
TranslatorArtwork.com offers TA-worker a bonus program called the Award Program. This award program is divided into different levels: Basic Star, Bronze Star, Silver Star, Gold Star and Platinum Star. Please see the award view in your login for the detailed rates.

Chapter 2
If the rights of the contract have been abused or ignored by the TA-worker, TranslationArtwork.com is qualified to downgrade the customer to a lower category.

Chapter 3
The Platinum Star level can only be allotted to a customer by TranslationArtwork.com.

Chapter 4
The award program level depends on the two figures rating level and successful orders during 12 months. 



§ 7. PAYMENT CONDITIONS
Chapter 1
TranslationArtwork.com transfers the payable amount invoiced on the first week of the month after the principal paid the order. Generally it is 30 days after order is completed. Exception is if the principal does not adhere to our payment terms. The principal will be dun and the TA-worker will receives is compensation after a maximum of 60 days after order is completed.

Chapter 2
TranslationArtwork.com charges the customer the agreed invoice total that was assigned by TranslationArtwork.com, plus the actual bonus through the Award Program, or minus deficiencies. This amount is referred to as the total invoicing amount. 

Chapter 3
A sales tax of 7.6% is not included. This sales tax will be separately listed, as soon as TranslatorArtwork.com is liable to VAT.

Chapter 4
Payment by Paypal has additional costs of 3.9% on the invoicing amount. 50% of 3.9 % will be inherited by TranslationArtwork.com. Payments with a credit card or Paypal carry additional costs of 3.9% on the invoiced amount. There are no additional fees in case of choosing bank transfer within the countries Switzerland, Germany and Austria. The bank transfer data has to be entered within the Translator-Login. 

Chapter 5
The TA-worker pays the other 50% which is 1.95% of the invoicing amount. There are no additional fees in case of choosing bank transfer within the countries Switzerland, Germany and Austria. The bank transfer data has to be entered within the Translator-Login.

Chapter 6
TranslationArtwork.com accepts payment in CHF, EURO or USD.

Chapter 7
The invoice will be send per e-mail in PDF-format directly to the customer.

Chapter 8
Other payment conditions or charges than mentioned are not possible or have to be paid by the TA-worker. TranslationArtwork.com recommends a Paypal-Account and / or a bank account in Switzerland, Germany or Austria. 



§ 8. RESIGNATION
Chapter 1
TranslationArtwork.com is qualified to resign at anytime up until the completion of the document. The TA-worker will be compensated pro rata regarding worked time to delivery time. If the order is in review, TranslationArtwork.com will determine the compensation.

Chapter 2
If the customer obligations are not met, then TranslateArtwork.com is qualified to terminate the order. The customer will then be billed up to the time of termination, plus 15% handling charge.

Chapter 3
It is not allowed to communicate the TA-workers own E-Mail address by TA-worker through the web platform of TranslationArtwork.com.

Chapter 4
TranslationArtwork.com is qualified to close the collaboration with the TA-worker by E-Mail and deleting its account.



§ 9. LIABILITY
Chapter 1
TranslationArtwork.com cannot be held responsible for performance failures or delays due to acts of god or to unpredictable performance obstacles, communication net breakdowns or and gateways of other carrier.

Chapter 2
TranslationArtwork.com cannot be held responsible for Business breakdowns that result in delayed contract delivery.

Chapter 3
TranslationArtwork.com denies all liability for damages that result from the TA-worker. 



§ 10. EXCLUSION OF WARRANTY
Chapter 1
TranslationArtwork.com cannot and will not take responsibility of the publication or release of services rendered; this is the sole responsibility of the principal.



§ 11. CONFIDENTIALITY AND DATA PROTECTION
Chapter 1
TA-worker is obligated to secure the data confidentiality using the adequate technology.

Chapter 2
It is virtually impossible to guarantee total confidentiality due to electronic communication.

Chapter 3
TA-worker will put forth all efforts, to work within the government data protection laws. This applies to the information given directly from the principal or through TranslationArtwork.com.

Chapter 4
Documents, that have been given to TranslatorArtwork.com and forwarded to the TA-worker will be worked on exclusively by the TA-worker and will not be given to a third party.



§ 12. HEAD-HUNTER PROHIBITION AND COMPETITION CLAUSE
Chapter 1
The TA-worker professed not to hire a Translator or Artworker which is contracted or subcontracted by TranslationArtwork.com during two year after. For each case the TA-worker will be fined by a contractual penalty of CHF 40’000.-. Exceptions have to be discussed with TranslationArtwork.com.

Chapter 2
The TA-worker professed not to work for a principal of TranslationArtwork.com during the collaboration with TranslationArtwork.com and for 6 month after. For each case the TA-worker will be fined by a contractual penalty of CHF 40’000.-. Exceptions have to be discussed with TranslationArtwork.com.



§ 13. USER ACCOUNT, PASSWORD, AND SECURITY
Chapter 1
The TA-worker receives upon registration a user access and a Password.

Chapter 2
The TA-worker is solely responsible for the confidentiality of the user access and Password.

Chapter 3
The TA-worker is solely responsible for all activities made while in user access.

Chapter 4
The password can be changed at all times.

Chapter 5
The TA-worker is obligated to report to TranslatorArtwork.com if they believe that a third party is using their name under false pretences.



§ 14. PLACE OF JURISDICTION
Chapter 1
Contracts that have been closed with agreement to the Terms and Condition are subject to and underlie Swiss law. The place of jurisdiction is St. Gallen. 



TranslationArtwork.com, 
November 2008, Version 1.7


Please send your questions and recommendations to:
- Translation: translation@TranslationArtwork.com
- Artwork: artwork@TranslationArtwork.com

(end)
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