Proof Reading Service

General Terms and Conditions


General Terms and Conditions ("GTC")
of professional editing services by Jackthepaper, represented by Adler + Neuner Projects GmbH, Beatrixgasse 12, 1030 Vienna (hereinafter referred to as “Jackthepaper”).


  

1. General terms

1.1 Jackthepaper is an internet service website providing for service performance, use and commercialisation of professional editing services. The operators of this portal, Jackthepaper, offer their clients proofreading and editing services in return for remuneration and these services may be accessed via the website Jackthepaper. The completion and handling of contractual relationships are conducted through using the platform Jackthepaper.

1.2 Editing services are undertaken by either Jackthepaper or external editors commissioned by Jackthepaper. However, the contractual relationship for proofreading and editing services exists only between Jackthepaper and each of its clients.

1.3. The usage of Jackthepaper requires registration. Registration is permitted only for legal persons and natural persons of full legal capacity and of full legal age. A legal person’s registration may be conducted by an authorized natural person only, whose name must be provided.

1.4. Austrian law is applicable with the exception of reference provisions and the UN Sales of Goods Law.

  

2. Conclusion of the contract

2.1 A prospective client may request professional editing services via websites of Jackthepaper. Normally, Jackthepaper will review the enquiry and convey a timely limited offer. The contract is concluded as soon as the client confirms the offer online on Jackthepaper’s platform. Nevertheless, Jackthepaper is entitled to a subsequent withdrawal from the agreement if one of the in point 3.3 mentioned reasons for rejection of the text in question is applicable. In case of refusal there will not be any contractual obligations and/or other claims for compensation whatsoever.

2.2 A customer commits vis-à-vis Jackthepaper to convey his/her correct name and address. This information will be used by Jackthepaper solely for the fulfilment of obligations.

2.3 Unless otherwise regulated, price calculations conducted by Jackthepaper are at all times subject to change and non-binding. Jackthepaper is entitled to make the conclusion of a contract dependent on a written record of proper authorization and an advance payment. Delivery deadlines are only binding if confirmed by Jackthepaper beforehand and in text form.

  

3. Contract services

3.1 Jackthepaper commits to carrying out its professional proofreading and editing services of the forwarded customer’s texts in an appropriate and efficient manner and in accordance with professional standards. Also, Jackthepaper ensures that cuts, additions or other substantive modifications will only be conducted in agreement with the client. In case of more complex editing assignments, it is the client’s responsibility to give sufficient and clear instructions (e.g. specific professional terminology, objectives). Jackthepaper is entitled to decline such assignments.

3.2 Jackthepaper endeavours to provide its clients with orthographically and stylistically faultless texts, delivered in due time. Jackthepaper intends to fulfil assignments free of errors, but it cannot guarantee absolute correctness. Due to the fact, that stylistic and substantive edits strongly depend on an editor’s linguistic intuition, they shall be seen merely as suggestions for improvement and require the client’s scrutiny. Claims due to non-performance or consequential damages are precluded.

3.3 Unless not expressly agreed in written form, it is not Jackthepaper’s responsibility to check or prepare the conveyed text for suitability or admissibility for the client’s purposes. This applies particularly to cases in which the edited text is subject to publication or commercial use. The client takes all legal risks with regard to further usage or publication of the text edit.

3.4 If an assigned text contains criminal or illegal contents or transgresses standards of public decency, Jackthepaper is allowed to refuse editing of those very passages or the entire text. The same applies if due to its complexity, an assignment exceeds Jackthepaper’s qualification, as to the fact that Jackthepaper either does not have enough professional editors available for that amount of work or it is unfeasible for Jackthepaper to proceed with an assignment in the event of any other significant reasons; e.g. if due to the difficulty and/or the length of the submitted text the adequate editing quality will not be possibly achieved within the timeframe that was specified by the client. In case of refusal, no compensation claim arises.

  

4. Remuneration and terms of payment

4.1 Unless otherwise agreed in the contract, Jackthepaper charges customers for the agreed services at the respective applicable rates and terms, plus, the applicable statutory value-added tax. A client may only make payments in Euros and only choose from payment methods, made available by Jackthepaper, in order to be discharged from his/her obligations.

4.2 Each compensation obligation is payable immediately upon issuance of the invoice. In case of default of payment of the customer, Jackthepaper is entitled to invoice 5% p.a. above the base rate in each case as interest for delay. Jackthepaper is entitled to the assertion of a higher amount of damage caused by default and/or other claims. Until full payment is delivered, text edits and all rights associated therewith (exploitation and usage rights) are subject to retention of title and proprietary rights. Furthermore, Jackthepaper will invoice an adequate late payment fee for each letter of formal notice.

  

5. Acceptance of service

5.1 Timely handover of texts, which should be edited, as well as a written confirmation of the agreement and delivery date by Jackthepaper are prerequisites for a timely performance. Delivery deadline shall be considered to be met as soon as the edited documents are uploaded onto Jackthepaper’s website and made accessible for the client. Customers will be informed about the completion of the work via e-mail or by phone.

5.2 Subsequent changes of the submitted texts by a customer may prolong the delivery period.

5.3 After correcting and editing the text it will be available for download at Jackthepaper’s server. Usually, this dataset will be available as word-file, including notes and annotations and also in the adjusted version. At the same time customers will be notified of the completion of the work via e-mail and advised of the storage address for download.

5.4 Other delivery arrangements, for instance an email attachment or fax, will only be ensued if expressly agreed in a separate agreement. In that case, the delivery deadline is deemed to be met, as soon as the edited documents are dispatched.

5.5 Jackthepaper endeavours to keep delivery date promises and satisfying them in a punctual and reliable manner. For delays that arise due to force majeure Jackthepaper will assume no liability.

  

6. Warranty claims

6.1 The client must - in case of a business transaction - report obvious mistakes immediately after the completed download or if sent by other channels after receipt by the receiving area of the customer in text format (obligation to give notice of defects). Hidden mistakes shall also be reported immediately after discovery. The contracting business client is responsible for the transfer per download on to his/her own hard drive/cache-memory and exempts Jackthepaper from any liability. If other delivery arrangements have specifically been agreed upon (postal service, e-mail, fax), risk passes over to the customer with the handover of the edited document to the forwarder/carrier, with the transfer per fax or with the transmission of the e-mail to the client.

  

7. Subsequent rectification

7.1 If an edit differs from the scope of the specific contractual requirements, customer shall notify Jackthepaper thereof expressly in writing by requesting completion of services and establishing a further reasonable period therefor of at least 10 workdays. Subsequent amendments are excluded, if deviations were caused by the customers themselves, e.g. due to incorrect or incomplete information of faults in the original texts. Jackthepaper dismisses any responsibility – also any responsibility within the time period for possible objections by the customer - for texts that have been amended subsequently by the client.

7.2 After expiration of the statutory deadline, the client may demand the rescission of the contract or the reduction of the compensation (abatement), if the mistake was not remedied in a timely fashion. Entitlement to such claims excludes minor discrepancies that only insignificantly impact the quality of the edit.

  

8. Limitations of liability

8.1 Jackthepaper may be held liable only for intent and gross negligence. Liability in cases of gross negligence is also limited to the amount of the order value.

8.2 Jackthepaper is not liable for the client’s data which third parties illegally misappropriated.
Jackthepaper is not liable for data, which illegally reaches third parties, either electronically or by post, or for data, which contains mistakes or are impaired after to the transmission process is complete. The electronic and postal transmission of data takes place at the client’s own risk.

8.3 Jackthepaper is not liable for the correctness of content and the legal admissibility of the text which is to be corrected.

  

9. Cancellation or termination of contract

9.1 The client is entitled to revoke his/her declaration on concluding the agreement within 14 days in writing (e.g. letter, fax, e-mail) without stating reasons. This period begins when this information is received in writing, but not prior to conclusion of the agreement and also not prior fulfilment of our notification duty according to § 7 Abs 1 iVm § 4 Abs 1 FAGG. Timely dispatch of revocation shall suffice to meet the revocation deadline.
Please fill out the form declaration of revocation
Cancellation is to be addressed to:

Postal address: Jackthepaper, Beatrixgasse 12, A-1030 Wien

Telefax: [XXX]

E-Mail: service@jackthepaper.com / Adler.Neuner@gmail.com

9.2 Jackthepaper commences to perform contractual services before the end of the customer’s withdrawal period only if the customer expressly asks Jackthepaper to do so (with a respective indication at the time of placing the order). The date of contractual performance will generally be before the expiration of the 14-day withdrawal period. If the customer withdraws from the contract after Jackthepaper has already begun with the early fulfilment of contractual obligations as depicted in the AGB, the customer must pay Jackthepaper an amount, which in comparison to the total of the agreed price, corresponds to the already performed services. Jackthepaper is entitled to retain this amount of the already made payments.

9.3 The client’s right to cancellation ceases prematurely once both parties have fully performed on the contract on the basis of the customer’s express request before the customer has exercised his cancellation right.

9.4 Documentation provided by the client in order for Jackthepaper to perform editing services will be returned immediately and unsolicited after completion or termination. The data received from the customer within the scope of the contract or the file itself comprising the edit remain with Jackthepaper for archive purposes, unless, the customer explicitly requests for deletion of personal data, the deletion of the submitted text respectively.

  

10. Rights of use

10.1 If in the course of the process of text editing or proofreading works of authorship are created (in whole or in part), Jackthepaper promises customers to exploit and use the results without any restriction regarding place, time and substance (simple usage and exploitation right). Also included are the rights to alteration and assignment of the edit and its associated rights to third parties.

  

11. Poaching restraint

11.1 For the duration of the contract and for a period of one year after the contractual relationship, the customer undertakes to refrain from poaching any of Jackthepaper’s editors or proof-readers and/or from hiring them without Jackthepaper’s consent. In each case of culpable violation of this provision, the customer commits to pay Jackthepaper a contractual penalty in the amount of €4.500,00.

  

12. Application of AGB

12.1 Regarding merchant customers, these general terms and conditions also apply to all future business relations, even if they are not expressly agreed again.

12.2 Jackthepaper is authorized to modify or amend these general Terms and Conditions. Customers will be informed via e-mail (notification will be sent to the address submitted during the registration process) about any modifications or amendments taking place between the time of the conclusion of the contract and the fulfilment thereof. The customer is entitled to terminate the contract within 7 days upon receipt of the notification of changes and without previous notice; thereafter the modifications and amendments become valid.

12.3 Any other terms, warranties, and other deviating agreements, as well as modifications and amendments of the contract require written form in order to be effective. The same applies to a waiver of this requirement of the written form.

  

13. Final provisions

13.1 Received assignments which in regard to the scope of services are not subject to point 3, do not fall under these commercial terms. Conditions for those services must be agreed separately. Place of performance for all contractual services is Jackthepaper’s business location, currently in Vienna, Austria. If parties have agreed on the written form, this shall also include communications by e-mail and fax.

13.2 Contracts, which are concluded on the basis of these general terms and conditions, are subject to Austrian law excluding all regulations of the uniform UN Sales Convention.

13.3 Concerning commercial business partners, Jackthepaper’s business location shall be considered the sole court of jurisdiction for any disputes arising regarding this agreement. The same place of jurisdiction shall apply if the client has no general place of jurisdiction domestically or his/her place of residence or usual abode is unknown at the time the action is filed. Also, Jackthepaper is not authorized to file suit at the customer’s domicile.

  

14. Severability clause

14.1 If a provision of this contract is or becomes invalid, all other clauses of the contract shall remain unaffected. The parties oblige themselves to replace the invalid provisions with valid clauses that correspond as closely as possible to the replaced ones.

  

Vienna, 31.01.2015

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