Table of Contents

1. Scope of Terms and Conditions
2. Contract Agreement
3. Scope of Services rendered
4. Customer Obligation
5. Rectifications and Deficiencies
6. Customer Status and Award Program
7. Payment Conditions
8. Resignation
9. Liability
10. Exclusion of Warranty
11. Confidentiality and Data Protection
12. Head-hunter Prohibition
13. User Account, Password, and Security
14. Place of jurisdiction

1. SCOPE OF TERMS AND CONDITIONS

1. TranslationArtwork.com is a subsidiary of ModesNext.ch GmbH.
2. TranslationArtwork.com offers two services at your disposal through its website:
   
   1. Human Translation
      (Technical Translation by human translators or interpreters, called Translator)
   2. Artwork
      (Professional PowerPoint Presentations done by human Artworkers respectively Designers, called Artworker)
3. These two services, Translation and Artwork (referred to as Slide Design) are not carried out by TranslationArtwork.com but by freelance certified professional Translators and Artworkers. These Translators and Artworkers are registered in our worldwide network. TranslationArtwork.com completes the service ordered according to the terms and conditions.
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.
5. TranslationArtwork.com reserves the right to change their terms and conditions at any time.
6. A transfer of the contractual terms and conditions is not viable without the explicit consent of TranslationArtwork.com

2. CONTRACT AGREEMENT

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. The offer can then be viewed upon acceptance in the assigned Customer Login.
2. Momentarily we support only documents in Microsoft Word (.doc) or in Microsoft PowerPoint (.ppt), respectively .jpg, .bmp, .tif and .gif for handwritten documents.
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.
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, payment has to follow after completed order. 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 payment and confirmation (new customer). Exceptions can be made in regards to new customer payment, TranslationArtwork.com will decide each case individually.
5. If an order is ordered 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.
6. If the delivery time expressed by the customer is not possible to meet, then TranslationArtwork.com reserves the right to extend the time period.
7. The offered services can only be completed within the resource limitations of TranslationArtwork.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.
8. TranslationArtwork.com differentiates between three different Design-Categories:
   • One-to-one production:
     these are primary text slides that have to be appropriately formated and adapted to the customers Corporate Design or a standard.
   • Visual Enhancement:
     are primarily graphic slides with or without text, that have to be transfigured adapted to the customers Corporate Design or a standard.
   •  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 
9. 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.
10. Graphic objects can not be altered by TranslationArtwork.com.
11. 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.
12. 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

1. An order can be refused when the delivery time is too short to insure quality work. In such a case TranslationArtwork.com will contact the customer immediately. This service is free of charge.
2. The ordered documents will be available and retrievable for a maximum of 30 days. The customer cannot retrieve the documents after the lapse of said time period.
3. 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, TranslationArtwork.com will 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.
4. The value performance of the subject matter is determined by the information 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.
5. To assure grammatical coherence of a document, TranslationArtwork.com is obligated to translate documents in the highest possible standard.
6. Momentarily we can only translate documents in Microsoft Word (.doc) format.
7. If the document includes a picture, it will be excluded from the translation, especially if it is a visual that is from a Microsoft.

4. CUSTOMER OBLIGATION

1. The customer is obligated to deliver all necessary documents (Text, Pictures, Visuals, Logos, Tabulations, etc.). These documents are essential for TranslationArtwork.com to fulfill the order. Additional changes are subject to an extra charge.
2. The availability of these documents is the sole responsibility of the customer.
3. The availability of these documents is protected by the customers copyright.
4. The customer 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 customer to be available for questions, any vagueness, or additional delivery of documents during our office hours. In the case of inadequate delivery, the missing documents will be requested. The delivery time of these documents will be added on to the agreed time, without a breach of contract.
5. The communication will be principally done by e-mail, if the customer cannot be reached per e-mail within a two hour period during the office hours of TranslationArtwork.com, the customer will be contacted by telephone. The telephone costs incurred will be billed to the customer.

5. RECTIFICATIONS AND DEFICIENCIES

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.
2. TranslationWorkwork.com is committed to fulfilling all of the customer wishes. If the customer is not satisfied with our services, he can fill out a feed back sheet, point out his concerns and request the subsequent improvement.
3. Improvements can be submitted through the Feed Back process. Included in the contract is one improvement, each additional improvement will be charged to the customer. A period of two days is required.
4. Depending on the improvement TranslationArtwork.com can either verify or refuse the suggested improvement. Thus ending the assignment.
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.
6. TranslationArtwork.com can either verify or refuse the suggested deficiency. Thus ending the assignment.
7. All customer requirements are lapsed, when the improvements are of a minimal character. TranslationArtwork.com will categorize the deficiencies.
8. In the case that TranslationArtwork.com cannot correct the deficiency the document will be billed excluding the deficiency.
9. It would be greatly appreciated if the customer could check out the document as soon as he receives it. 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 sheet. If the deficiencies and or improvements are not reported within the above mentioned time frame, then TranslationArtwork.com has fulfilled its commitment, and releases itself from any deficiencies or improvements.
10. If the deficiency is the fault of TranslationArtwork.com and the customer does not want any corrections, then the customer will just be billed for the part of the document that is correct. If the fault is due to incomplete or inadequate information on the part of the customer, then the full price will be requested (see point 4 Customer Obligation).
11. If the customer 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. CUSTOMER STATUS AND AWARD PROGRAM

1. A regular customer is one that has paid on time for more than two orders within a half year period.
2. A new customer is one that has placed less than two services within half a year.
3. After reaching the status of a regular customer, the customer will keep this status, until the time TranslatorArtwork.com changes his status, or the customer deletes his login.
4. TranslationArtwork.com has the right to degrade a regular customer to a new customer status and vice versa.
5. TranslationArtwork.com offers regular customers a discount program called the Award Program. This award program is divided into different levels: Basic Star, Bronze Star, Silver Star, Gold Star and Platinum Star. The customer will have a detailed view in his login about his level and discount rate. 
6. If the rights of the contract have been abused or ignored, TranslationArtwork.com is qualified to downgrade the customer to a lower category.
7. The Platinum Star level can only be allotted to a customer by TranslationArtwork.com

7. PAYMENT CONDITIONS

1. TranslationArtwork.com differentiates between three payment systems regarding either Regular or first customers.
   1. First customers must pay upfront for their translation/artwork order. As soon as the payment is received the order will be completed
   2. If additional costs are incurred during the order, these have to be paid before the document can be downloaded.
   3. If additional costs are incurred during the order, these have to be paid before the document can be downloaded.
2. TranslationArtwork.com charges the customer the agreed upon minimum rate that was calculated online through the DUI, minus the actual discount through the Award Program, or plus additional costs calculated. This amount is referred to as the invoicing amount.
3. A sales tax of 7.6% is not included. This sales tax will be separately listed, as soon as TranslationArtwork.com is liable to VAT.
4. Payments with a credit card or paypal carry additional costs of 3.9% on the invoiced amount. Additional fees will not be charged on bank transfers.
5. TranslationArtwork.com accepts payment in CHF, EURO or USD.
6. The invoice will be send per e-mail in PDF-format directly to the customer.
7. By a delay in payment an interest of 5% on late payments will be charged. In the case of no payment or outstanding accounts, TranslationArtwork.com reserves the right to claim damages.
8. For overdue payments a dunning charge plus postage will be billed.
9. Other payment conditions or charges than mentioned here are not possible or have to be carried by the TA-worker. TranslationArtwork.com recommends a PayPal-Account and / or a bank account in Switzerland, Germany or Austria.

8. RESIGNATION

1. After the customer confirmed the order there is no way of order cancellation. The customer has to pay the order invoice amount to TranslationArtwork.com.
2. If the customer obligations are not met, then TranslationArtwork.com is qualified to terminate the order. The customer will then be billed up to the time of termination, plus 15% handling charge.

9. LIABILITY

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.
2. TranslationArtwork.com cannot be held responsible for Business breakdowns that result in delayed contract delivery.
3. TranslationArtwork.com denies all liability for damages that result from either one of the services, Artwork or Translation.

10. EXCLUSION OF WARRANTY

1. TranslationArtwork.com cannot and will not take responsibility of the publication or release of services rendered; this is the sole responsibility of the customer.

11. CONFIDENTIALITY AND DATA PROTECTION

1. TranslationArtwork.com will try its best to secure the data confidentiality using the adequate technology.
2. It is virtually impossible to guarantee total confidentiality due to electronic communication.
3. TranslationArtwork.com will put forth all efforts, to work within the government data protection laws. This applies to the information given directly from the customer or through a third party.
4. Documents, that have been given to TranslationArtwork.com will be worked on exclusively by the Translator or Artworker and will not be given to a third party.

12. HEAD-HUNTER PROHIBITION

1. The customer is forbidden to hire, from the date of the first order, during a two year period any Translator or Artworker including any outsourced employee employed by TranslationArtwork.com without our explicit permission. For each offense the customer will be fined a Contractual penalty of CHF 40’000. -.

13. USER ACCOUNT, PASSWORD, AND SECURITY

1. The customer receives upon registration a user access and a Password.
2. The customer is solely responsible for the confidentiality of the user access and Password.
3. The customer is solely responsible for all activities made while in user access.
4. The password can be changed at all times.
5. The customer is obligated to report to TranslationArtwork.com if they believe that a third party is using their name under false pretences.

14. PLACE OF JURISDICTION

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 2007, Version 1.6

Please send your Questions and Recommendations for:

• Translation translation@TranslationArtwork.com
• Artwork artwork@TranslationArtwork.com