Last updated on: 5.6.2021
ENGLISH OPTIXX GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (“T&Cs”) apply to any visitor or registered user who places an order (the “Client(s)”) on the website located at the following URL: https://englishoptixx.eu (the “Website”).
The Website is operated by Make it Native vGmbH, registered with the Luxembourg Trade and Companies Register under number B253022 and having its registered office at L-6975 Rameldange, 19, Am Bounert (“we” or “English Optixx”).
English Optixx can be reached at:
For Order Support, contact
1.2. English Optixx may amend these T&Cs at any time and without notice. The T&Cs applicable and enforceable are those in force at the time of the validation by the Client of its order on the Website. These T&Cs will prevail over any other conditions contained in any other document, except prior, express and written derogation.
2. AGREEMENT TO THE T&Cs
2.1. In order for the Client(s) to validate an order, any Client must comply with the ordering process described in Article 6 below, read and accept the T&Cs by ticking the box “I have read and accepted the General Terms and Conditions of Sale“.
2.2. By accepting the T&Cs, you warrant and guarantee either that:
- You are 18 or over with full capacity to order on the Website, or
- If you are under 18 and not emancipated, you are duly authorized by your legal representatives to be placing an order on the Website, or
- You are duly authorized to act on behalf of a legal person and to bind the latter by the order placed on the Website.
3. DESCRIPTION OF THE SERVICE
3.1. English Optixx offers consulting services for the optimisation of English language communication for individuals and organisations (the “Service”).
3.2. The Service comprises sentence-level review, correction and optimisation of the English language text submitted by the Client (the “Communication”) for the purpose of correcting language errors and improving the style, and with a view to rendering it in native English expression. The Service shall include various aspects, including but not limited to language correctness (spelling, grammar, punctuation), the selection and sequence of words, terms and expressions (the “Terms”), sentence structure, the use of idioms and expressions, and the adaptation to the setting of the Communication specified by the Client from the setting choices provided by English Optixx on the Website.
3.3. English Optixx will deliver the output resulting from the Service to the Client (the “Optimised Text”) in a document using a generally accessible editable format, referencing proposed changes to the Communication by a numerical or other cross-reference marked on the original Communication and returning it so marked to the Client. In addition, English Optixx may, but is not required to, include explanatory or clarifying commentary for specific proposed changes in the Optimised Text, or relating to the Communication or Optimised Text as a whole.
The Client agrees that the Service specifically excludes the following:
- The review, verification, correction or optimisation of technical terms (the “Technical Terms”) defined as terms (i) carrying specific legal significance or importance, or bearing an applied meaning in one or more specialised domains such as, but not limited to, industrial, scientific or academic fields, professional, business and administrative vocations, literature and other arts, sports and leisure, law, philosophy or religion, or other specialised context; or (ii) consisting of words, terms or expressions with specialised meaning that are not in general use in everyday use in the English language or that cannot be altered without potentially changing their specialised meaning; or (iii) consisting wholly or partially of acronyms; or (iv) representing Proper Nouns including but not limited to the names of individuals (living or deceased), organisations of any nature, or geographical or political entities. An indicative list of technical terms is available on the website https://englishoptixx.eu/what-we-do/#what-you-receive-back.
- The translation into English of any foreign-language Term or text included in the Communication;
- The review, acknowledgment and fulfilment of instructions provided by the Client that not expressed in English; and
- Formatting, pagination and layout of any kind of the Communication.
5. CLIENTS’ OBLIGATIONS
5.1. If the Client has expressly designated a Term as a Technical Term, it shall be considered as such and shall not be subject to the Service, save as provided for in Section 5 §3. However, the surrounding sentence shall still be subject to the Service and as such English Optixx may propose changes to the sentence related to syntax, word order, emphases or other characteristics of the sentence in the Optimised Text, which changes may also result in changes to the manner in which the Technical Term is embedded in the sentence.
If the Client has expressly designated a Term as not a Technical Term, or when the Client has made no especial designation in relation to a Term, the Client acknowledges and agrees that English Optixx is free to apply its own judgment in determining whether or not the Term is a Technical Term, and this judgment shall be definitive. In such cases, English Optixx shall not bear any liability in respect to its determination of whether or not a Term constitutes a Technical Term. If English Optixx recognises a possible ambiguity in this regard in the case of a specific Term, English Optixx may, but shall not be obliged to, indicate so in a commentary accompanying the Optimised Text, without effect on the provisions of this paragraph.
5.2. In cases where English Optixx has assumed a specific Term is not a Technical Term but is in fact one and thus has included it in the Service, the Client acknowledges that English Optixx shall bear no responsibility in respect of the resulting Optimised Text. In such a case, the Optimised Text might contain a Term as a suggested replacement for this Term, or contain other changes in relation to this Term, that do not correspond to, that are not appropriate or accurate in respect of, or do not have relevance for, one or more applied meanings that the Term might have in specialised domains such as those specified in Article 4 §1.
5.3. In cases where the Communication contains a Term that the Client has designated as a Technical Term, or that English Optixx considers to be a Technical Term, and where English Optixx considers the Term to be clearly inappropriate for linguistic, cultural or other reasons (other than in relation to its technical or applied meaning), English Optixx may (but shall not be obliged to) signal the inappropriateness of the Term in the Optimised Text without providing a suggestion for an alternative Term. Alternatively, in such cases English Optixx may provide one or more suggested alternative terms, in which case the provisions of Section 5 §2 shall apply, rather than Section 5 §1.
5.4. The Client agrees that it will not submit a Communication whose underlying content, either in whole or in part, is deemed offensive or grossly distasteful, illegal or created for potentially illegal purposes, constitutes hate speech, is of pornographic character, or is such that there would be reason to believe that it is otherwise inappropriate (“Inappropriate Content”). The Client acknowledges and agrees that English Optixx shall not be required to process an order for a Communication containing content that English Optixx deems, in its absolute discretion, to contain Inappropriate Content, and that in the case of a Communication, a small portion of which is deemed to represent Inappropriate Content, it may omit that portion from the Service and process the remaining portion in the usual manner.
6. HOW TO CREATE AN ACCOUNT
6.1. Any user can create a personal account on the Website that enables it to save its personal information on the Website and to access to its past Orders. To create a personal account, you must follow the steps indicated on the Website and provides the information required. You may deactivate your account at any time after logging into your personal account.
6.2. When creating an account, the user expressly undertakes not to use false information or information from third parties. Likewise, the user agrees not to create or use more than one account, either under its own identity or that of a third party.
On the occasion of subsequent visits to the Website, the user may its personal account by entering the username and password chosen when creating the account.
6.3. The username and password (the “Login credentials”) as chosen when creating the account are specific to the user, personal and confidential.
The user is responsible for maintaining the secrecy and security of its Login credentials, and is fully and exclusively responsible for all activities that occur using its Login credentials, regardless of whether such activities are undertaken by the user or a third party. Any use of Login credentials will be deemed to have been made by the user to which they relate or by a person duly authorized by the user.
6.4. Users are aware of the inherent insecurity of the use of automatic memory function of Login credentials that their computer system can allow, and therefore assume full responsibility for the use and possible consequences of such a function.
Therefore, English Optixx shall in no event be held liable for any consequences resulting from illicit use, fraud or abuse of Login credentials by a third party not expressly authorized by the user to which they relate and which results from the user’s fault or negligence.
6.5. In cases of theft or misappropriation of Login credentials, the User shall immediately notify English Optixx, by phone or email.
7. ORDERING PROCESS
7.1. The Client shall first specify the word count to be reviewed, expressed in 100 increments, and then login, if already registered on the Website, or proceed directly to the next step. The Client shall then specify the setting to be applied to its Communication for the purposes of the Optimised Text from a range of settings provided by English Optixx (the “Applied Settings”). Should the settings provided by English Optixx not apply at all or entirely, the Client may specify another setting in a comments field. English Optixx will undertake its best efforts to provide an Optimised Text that corresponds to the Applied Settings. The settings include the choice of delivery timeframe. For delivery time-frames under 15 days, the Client is required to waive the legal right to cancellation of its Order once the order has been fulfilled.
7.2. The Client is then provided with the price for the Order, and asked to provide its billing details. The Client will then have access to a recap of the Order and be asked to choose the delivery date and means of payment.
The Client must then either accept the T&Cs and click on the “PLACE AN ORDER” button, or accept the T&Cs and click on the “PROCEED TO PAYMENT” button, in case of payment by PayPal or credit card. It will then be asked to pay its Order by one of the payments means admitted by the Website, and then click on the “VALIDATE AND PAY” button to definitively confirm its Order. The Client will then receive a confirmation email of its Order by English Optixx (the “Confirmed Order”).
7.3. In cases where in English Optixx’s absolute discretion the Communication is of insufficient clarity or quality to discern with reasonable certainty the Client’s intended meaning, English Optixx will advise the Client of this and hold the Communication in abeyance until the Client has provided the requisite clarification or improvement to it.
7.4. Except as otherwise provided for in the present T&Cs, no cancellation requests will be accepted for Confirmed Orders.
8. FEES AND INVOICING
8.1. The applicable prices are those indicated on the Website at the time the Client submit the order and include VAT, if applicable.
8.2. Payment may be made by the means of payments indicated on the Website. Credit cards accepted by English Optixx are those listed on the Website on the date on which the Client’s order is submitted. Clients may also pay with PayPal.
8.3. Fees will be calculated separately for each order submitted (the “Order”). Fees are based on English Optixx’s fee schedule and the Service parameters (e.g., number of words) specified by the Client in the Order.
8.4. Should the delivery exceed the indicative delivery date specified in the Confirmed Order by more than 2 (two) calendar days, the Client shall have the right to request cancellation of the Confirmed Order and in that case shall receive a full refund of the amount paid within 4 (four) business days. This right shall lapse if the Optimised Text is delivered and the Client has not yet submitted a request for cancellation at the time of delivery.
8.5. Should one or more actual billing parameters in a Communication, in particular the actual number of words, not correspond to the billing parameters specified by the Client in the Order, English Optixx will hold the related Confirmed Order in abeyance, advise the Client of the discrepancy and request additional payment or advise of a refund due. In cases where additional payment is required, the Confirmed Order will not be processed until said payment has been duly received. In this case, a revised order confirmation will be sent by email with a new indicative delivery date. Should the Client not remedy the reason for the placement in abeyance within 30 calendar days of the related advice to the Client, English Optixx may consider the Confirmed Order cancelled and no refund will be due to the Client. In the case of a refund due, the Confirmed Order will be processed in the usual manner and the refund will be paid within 5 (five) business days of the advice to the Client.
8.6. In case of continuing disagreement between an actual billing parameter and the billing parameter specified in the Order, the Client and English Optixx undertake to seek in good faith a resolution of the disagreement.
8.7. For Orders in which the Communication contains Inappropriate Content and English Optixx has therefore refused to process the related Confirmed Order, the Client shall be entitled to a full refund minus 20% of the fee paid for the Order, the 20% difference constituting a processing fee charged by English Optixx for refusal of the Confirmed Order. Where English Optixx has omitted a portion of the Communication from the Service that contained Inappropriate Content, the Client shall not be entitled to a refund for the omitted portion.
8.8. Except as otherwise indicated and as indicated under Article 9 below, payment obligations are non-cancellable and fees paid are non-refundable.
8.9. For each Confirmed Order, English Optixx will issue the Client a valid tax invoice, where appropriate.
The Client shall remit payment in the currency indicated in the Order.
8.10. The Client is responsible for providing complete and accurate billing and contact information to English Optixx and notifying English Optixx of any changes to such information.
9. RIGHT OF WITHDRAWAL
9.1. When the Client is a consumer within the meaning of article L.010-1 of the Luxembourg Consumer Code, the Client has a right of withdrawal that can be exercised within 14 (fourteen) calendar days from the date of conclusion of the contract. If the last day of the period is not a working day, the period shall be extended to the next working day.
9.2. This right may be exercised without any reason, without penalty and free of charge.
9.3. To exercise its right of withdrawal, the Client must notify English Optixx of its decision to exercise its right of withdrawal by means of an unambiguous declaration sent by email to firstname.lastname@example.org or by postal mail (Make It Native vGmbH, L-6975 Rameldange, 19, Am Bounert) before the end of the withdrawal period mentioned above. The Client may also use the model withdrawal form annexed to the T&Cs.
9.4. In accordance with Article L.222-9 of the Luxembourg Consumer Code, reimbursement will be made without undue delay and in any event within 14 days starting from the day when English Optixx has been informed of the Client’s decision to withdraw from the contract. The refund will be made using the same means of payment as that used by the Client for the initial transaction, unless expressly agreed by the Client for another means of payment.
9.5. The right of withdrawal is, however, excluded by law for provision of services after the service has been fully performed, provided that the Client has consented to immediate performance of the contract and acknowledged that it will lose its right of withdrawal from the contract once the contract has been fully performed by English Optixx.
10. LIMITATION OF LIABILITY
10.1 The Client acknowledges and agrees that the use, understanding and interpretation of the English language can be subject to differences between English-speaking population groups based on regional, national, hemispheric, cultural or other specificities, and that these differences can lead to substantial differences in the interpretation of texts between population groups, including completely unrelated interpretations and in some cases even antithetical or opposite interpretations. The Client further acknowledges that such differences in interpretation can lead to misunderstanding of the Communication by English Optixx, and of the Optimised Text by the Client or by third parties, in relation to the Client’s intended meaning.
The Client acknowledges and agrees that, even aside differences between the English of different population groups, there are many forms of appropriate native expression possible to express any given idea in a given setting. English Optixx shall provide an Optimised Text that is, in its absolute discretion, the most suited, or among the most suited, for the Communication given the Applied Settings.
10.2. The Client acknowledges and agrees that it shall bear sole responsibility for the quality and clarity of the Communication it submits to English Optixx and for English Optixx’s correct understanding of the intended meaning of the Communication. The Client further acknowledges and agrees that it bears the sole and final responsibility for ensuring that the meaning of the Optimised Text corresponds to the intended meaning of the Communication prior to its use by the Client.
10.3. The Client acknowledges and agrees that it bears entire and sole responsibility for verifying the Optimised Text before its use or application by the Client in any context and for any purpose, and that this responsibility shall extend to all its aspects, including but not limited to, the quality, accuracy, precision, completeness, correctness, appropriateness, inoffensiveness, clarity, or conciseness of the Optimised Text and its use or application in any setting by the Client or by third parties to whom it has provided the Optimised Text, whether or not the Client considers that the Optimised Text corresponds to the intended meaning of the Communication. The Client further acknowledges that the responsibility defined in this paragraph shall also apply to any part of the Optimised Text that represents a suggested change to a Technical Term in the Communication in the scenarios described in Sections 5§1 and 5§2 of these T&Cs.
10.4. The Client expressly acknowledges and agrees that English Optixx provides the Optimised Text to the Client solely on a consultancy basis and that English Optixx shall bear no liability of any kind whatsoever towards the Client as the result of the latter’s use of the Optimised Text, except as specified in Article 11 below concerning redressal in case of the Client’s dissatisfaction.
10.5. The Client expressly acknowledges that it should not under any circumstances rely solely on the Service in situations where the use of the Optimised Text carries legal, contractual or regulatory, or other such significance. The Client further expressly acknowledges English Optixx’s advice to seek all professional English-language legal, professional, technical, linguistic, cultural and other assistance and advice that may be required in order to ensure where necessary that the Optimised Text is appropriate in relation to the intended meaning of the Communication, that it adequately reflects the intended meaning of the Communication, and that it provides the Client with the required protection against potential third-parties claims where such protection is part of the intended meaning of the Communication.
10.6. The Client shall indemnify and hold English Optixx, its agents, employees, directors, affiliates, service providers, licensors, contractors, subcontractors, representatives and suppliers harmless against any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from the Client’s use of the Service or of the Optimised Text.
11.1. English Optixx offers a quality assurance programme that ensures that the Service fulfils the expectations of Clients, and that any complaints are handled speedily and fairly.
If the Client is not 100% satisfied with the quality delivered, it may simply write to English Optixx by e-mail at email@example.com, within a reasonable time after delivery of the Optimised Text, specifying the reason for the dissatisfaction and requesting a rework of the Order. This request must specifically outline all questions and concerns about possible errors or omissions in the Optimised Text so that English Optixx may clearly address the question or concern, respond to the Client, and, if necessary, rework the Order in relation to the questions and concerns as quickly and professionally as possible.
11.2. Requests for rework of an Order are applicable only to the Communication submitted with the original Order and will only be performed on the content and Applied Settings specified in the original Order.
11.3. If in English Optixx’s assessment, the quality it delivered did indeed fall short of the Service promise, English Optixx will rework the assignment at no additional charge and within a reasonable timeframe.
11.4. In all situations involving requests for the rework of an Order, English Optixx and the Client agree to act in good faith.
12. PERSONAL DATA
13. CONFIDENTIALITY AND NON-DISCLOSURE
English Optixx undertakes to maintain confidential, and not to discose to third parties, the content of the Order, the Optimised Text, and correspondence with the Client in relation to the Order (together, the “Order Information”), in whole or in part, unless required to by applicable law, and to maintain similar contractual provisions with its subcontractors. English Optixx undertakes not to use the Order Information, or any part thereof, for purposes outside the strict provision of the Service and related administration, fulfilment and service activities, and to maintain similar contractual provisions with its subcontractors. Only authorised personnel and subcontractors, kept to a strict minimum, will be allowed access to the Order Information and related information systems.
14. FORCE MAJEURE
All events of force majeure, as defined by the applicable regulations and case law, constitute a cause for suspension or termination of English Optixx’s obligations. English Optixx shall have no liability towards the Client if a force majeure event prevented English Optixx from, or delayed English Optixx in, performing its obligations under these T&Cs.
English Optixx’s failure to insist upon or enforce strict performance of any provision of these T&Cs shall not be construed as a waiver of any provision or right.
16.1. If any provision (or part of a provision) of these T&Cs of use is found by a court or an administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
16.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
17. PROOF & ARCHIVING
17.1. English Optixx may store and archive, within the limits set by the applicable law, the computer data generated as a result of access to and use of the Website (the “Connection Data”) in order to ensure the integrity of such data.
17.2. The parties agree that Connection Data, as proof of communications between them, constitutes documentary evidence within the meaning of Article 1341 of the Luxembourg Civil Code and has the same probative value as a document created, received or kept in writing.
Therefore, Connection Data may be validly produced as evidence by English Optixx in connection with any claim or action with the same value as any document created, received or kept in writing, which the Client expressly acknowledges.
17.3. The Client agrees not to contest the admissibility, enforceability or probative value of the Connection Data because of their electronic nature. Clients may access their Connection Data on request addressed to English Optixx by mail or email.
18. GOVERNING LAW AND JURISDICTION
18.1. The T&Cs are governed by, and construed in accordance with, the laws of Luxembourg.
18.2. When the Client is a consumer within the meaning of article L.010-1 of the Luxembourg Consumer Code, any dispute relating to the interpretation, application and enforcement of the T&Cs may be submitted to mediation. The most diligent party shall notify the other party by registered letter with acknowledgment of receipt and propose the name of a mediator, to be chosen, where appropriate, from the website accessible at the following address: “http://www.europe- consumers.eu”.
18.3. Subject to mandatory statutory provisions, the Courts of Luxembourg-City will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the validity, interpretation and enforcement of the T&Cs.
SAMPLE WITHDRAWAL FORM
| (complete and return this form only if you wish to withdraw your order)
To: Make It Native vGmbH Email: firstname.lastname@example.org
|I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract for the English Optimisation Service.|
|Ordered on ____________
Order reference number ______________
|Name of Client(s):
|Address of Client(s):|
Signature of Client(s) (only if this form is notified on paper),
- Delete as appropriate