1. EditFox operates an agency for text services available through the internet.
2. EditFox provides its services exclusively on the basis of these T&C; the T&C are considered as accepted with any placement of order with EditFox. Any conditions of the client differing therefrom are hereby expressly waived.
3. EditFox reserves the right to change or amend these T&C at any time.
4. Additional agreements, confirmations, other agreements as well as changes and additions to this contract require the written form to become effective.
1. On the website, the price guide is for information only and gives a rough reference of the final price of the service.
2. The contract is concluded with the placement of an order via email. The document to be edited is sent as an attachment to the email or uploaded via the website EditFox.ch.
3. EditFox reserves the right to reject an order or to quote a higher price than stated on the website.
4. In case of a higher quote, the contract is concluded only when the client confirms the quote by email.
5. Once the contract is concluded, EditFox starts processing it. At the same time, the contractual term of delivery on principle also starts once the contract is concluded.
1. EditFox undertakes to properly and professionally draft, revise, correct or edit a text specified by the client in the English language.
2. The text to be processed may be rejected if it contains criminal or immoral content. Apart from this, the text may be rejected if there are special circumstances which make editing the text appear unreasonable. This may especially be the case where, because of the difficulty and/or volume of the original, processing in an appropriate quality is not possible in the period specified by the client. EditFox will inform the client of this fact as soon as possible. In case of a rejection, no claim for compensation is due.
1. After editing is finished, the finished document will be sent back to the client via e-mail.
2. The client has to check the text for any defects immediately upon receipt of the corresponding e-mail in the recipient's mailbox. Claims of obvious defects in the edited text are to be made in writing and specifying the defects immediately after receipt by the client, claims of hidden defects immediately after their discovery. If no written claim of defects is made within 5 days, the edited text is considered to have been carried out according to the contract.
1. As far as the edited text differs from the agreed requirements, the client has to set EditFox a reasonable deadline to remedy the defects. A remedy is excluded if the differences were caused by the client himself, e.g. due to incorrect or incomplete information or faulty original texts.
2. After the deadline to remedy the defects has passed to no effect, the client may demand to cancel the contract (cancellation) if the defect has not been remedied in time.
1. EditFox invoices the client the services at the agreed price and conditions plus the applicable VAT. The client may discharge his debt in Swiss francs and Euro in the context of the methods of payment made available by EditFox.
2. The corresponding remuneration is due upon invoicing without deduction for immediate payment. If payment is delayed, EditFox is entitled to demand default interest of 5% per annum. If EditFox is able to prove higher damage caused by the delay, it is entitled to claim it.
1. The settlement of any claims by EditFox with counterclaims of the client require the prior written agreement between the client and EditFox.
2. The assignment of rights under this contract is inadmissible without the consent of EditFox.
1. The client may cancel the contract at any time prior to completion of the service.
2. If an awarded contract is canceled by the client, the costs incurred to date must be compensated according to the degree of their completion. In any case, the reimbursement claim amounts to at least 50% of the order value.
1. Claims for damages from the contract, breach of duty at conclusion of the contract (culpa in contrahendo), positive breach of contract or default to EditFox are excluded to the legally permissible extent. The liability for auxiliary persons is excluded in any case.
2. EditFox is not liable for any loss or delay of services due to force majeure or unforeseen, temporary frustrations not caused by EditFox, in particular breakdown of communication networks, email systems and gateways of other operators.
3. The amount of the liability for damages caused by the use of services by EditFox or by EditFox's handling of texts and documents is limited to the proven damages. In any case, liability is limited to the cost of the service by EditFox
EditFox does not guarantee that the respective edited text is permissible and appropriate for the intended use of the client. This applies especially if the delivered text is published or used for marketing purposes. In this regard, the client alone bears the legal risk of usability or publication.
1. EditFox makes every effort to maintain the confidentiality of the transmitted texts according to the current state of the art. However, due to the electronic data communication, in particular email, EditFox cannot guarantee 100% confidentiality.
2. EditFox also makes every effort to examine the electronic data communication for any viruses or sabotage programs according to the current state of the art. However, a 100% protection against viruses or sabotage cannot be guaranteed even when applying due diligence. The client is expressly advised of a remaining residual risk.
1. Contracts concluded on the basis of these T&C are subject to Swiss law exclusively.
2. In case individual provisions of this contract are ineffective or invalid, the validity of the remaining provisions remains unaffected. The ineffective or invalid provision is to be replaced analogously by the relevant statutory provisions. The same applies to a regulatory loophole.