Our services are performed only according to the following conditions, which apply to the contracts unless variations are specifically agreed on in written form. When placing an order, the client is deemed to have accepted these conditions. Unless expressly agreed otherwise, the client's terms and conditions are objected. The client is responsible for finding out if they are subject to social security contributions for artists.
1. By clicking the Purchase button, the order placement becomes binding. Receipt and acceptance of the order is confirmed by an automatically generated email immediately after submitting the order. The contract enters into force upon this email confirmation, subject to receipt of payment.
2. The composition of specialist subject texts and scientific works is excluded from our services. This includes without limitation texts which may be submitted for the obtainment of an academic degree. We reserve the right to cancel the contract when a text was ordered that does not comply with these rules. The client warrants and represents that all content and information which they provide for the preparation of the text are free of third-party rights. Moreover, the content and information the client provided may not violate any third-party laws or rights. We also reserve the right to cancel the contract in such cases. Moreover, we reserve the right to cancellation if the speech category was selected incorrectly during the ordering process.
3. Before submitting a binding order, the client can review all the information they entered and make corrections, if necessary. We save the text of the contract and send it to the client by email together with the order data and our terms and conditions. The terms and conditions can also be consulted here at any time.
4. The contract languages are English and German.
Advance payment shall be made directly after ordering the manuscript. Payment may be made by bank transfer or using credit card or the instant transfer or PayPal payment services. The order is dealt with on receipt of cleared funds.
III. Delivery, Collaboration
1. Delivery shall be made on a date chosen by the client, but no earlier than two days after receipt of payment and provided that the order specifications submitted by the client upon order placement do not entail any further queries. Should it turn out that the information and specifications provided by the client are not sufficient to properly process the order, the client shall be notified without undue delay by phone or email and asked to supply the missing information. The client shall be notified of a new delivery date along with this information.
2. Force majeure, industrial action, delay of third-party suppliers, unforeseen difficulties in shipping or business operations, or other impediments and circumstances which cannot be prevented by careful operational management shall release myspeechwriter.com from the contractual duties for the duration of the disturbance and the extent of its effect. If resulting delays exceed a period of six weeks, both contractual partners are entitled to withdraw from the contract with respect to the scope of services concerned or to adapt the contract to the current situation. No other claims are applicable.
3. The finished text shall be uploaded to a password-protected online area accessible at https://www.myspeechwriter.com/user/login. The client may request a free corrective run within 10 days after the finished text is provided in the online area. The client will be informed about such provision via email. Changes communicated within 10 days shall be implemented within five business days. The updated version of the text will also be provided in the online area. There are no further options to change or correct the text.
4. If the text completed according to the contractual stipulations is not accepted, it shall be deemed accepted 14 days after assignment to the client.
1. We disclaim all liability for damage resulting from slight negligence, save and to the extent that such damage results from the violation of cardinal duties or is related to injury to life, limb or health or claims arising from the Product Liability Act. This shall also apply to breaches of duty on the part of our vicarious agents. Cardinal duties are such duties the fulfilment of which makes proper execution of the contract possible in the first place and on the fulfilment of which the contractual partner may regularly rely.
2. In the event of a breach of cardinal duties, liability shall in cases of slight negligence be limited to any damage which is typically related to the contract and is predictable.
V. Right of Use
Subject to payment of the due billing amount, myspeechwriter.com shall grant the client the unlimited right of use of the finished material without any restriction of territory, time or content. Redistribution, including without limitation reselling or re-leasing the material without the consent of myspeechwriter.com is not permitted. This right of use does not include the use of the text for unlawful purposes and/or scientific, academic or other exam achievements. The client warrants and represents that they alone are entitled to the use and will not infringe the copyright of myspeechwriter.com.
VI. Choice of Law and Jurisdiction
1. This contract is subject to German law. Consumers who enter into this contract for a purpose that is not related to their professional career shall be subject to this choice of law only to the extent that the protection granted by mandatory legal provisions of the consumer's state of habitual residence is not thus cancelled out.
2. To the extent that the client is a businessman or trader, public sector corporation or public law entity with special funds, the legal venue shall be Wilhelmshaven. We are, however, also entitled to file a claim against the client at a court of the client's place of residence.
The following cancellation policy applies to consumers: (A consumer is any natural person who completes a legal transaction for a purpose that does not mainly pertain to neither their commercial activities nor their activities under self-employment.)
Right of cancellation
You have the right to cancel this contract within fourteen days without stating any reasons.
The cancellation period shall be fourteen days from the day of the conclusion of the contract.
In order to exercise your right of cancellation, you shall notify us (myspeechwriter.com, Eike Christian Petering, Geniusbankstr. 27, 26388 Wilhelmshaven, Germany, Phone: +49 4421 / 1306 842, Fax: +49 4421 / 1306 841, Email: email@example.com) of your decision to rescind this contract by means of an unambiguous declaration (e.g. a posted letter, a fax message, or an email). You may, but are not obligated to, use the enclosed sample cancellation form to do so.
The cancellation period shall be deemed kept if you post the cancellation notification before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we shall be obligated to promptly reimburse all costs to you that we have received from you, including delivery fees (with the exception of additional costs incurred because you chose a delivery method that was different from the cheapest default delivery method suggested by us), no later than within fourteen days from the day on which we received your cancellation notification. We shall use the same method of payment for the reimbursement that you used in the original transaction, unless another method was expressly agreed with you, in which case we shall charge you with a fee for such reimbursement.
If you asked us to begin providing our services before the cancellation period has expired, you shall pay us an appropriate amount to cover the portion of services already provided up to the point in time when you notified us of your intentions to exercise your right of cancellation concerning this contract; that amount shall correspond to the provided portion of services as compared to the full extent of the services stipulated in the contract.
Sample Cancellation Form
(If you would like to cancel your contract, please complete this form and send it back.)
To: myspeechwriter.com, Eike Christian Petering, Geniusbankstr. 27, 26388 Wilhelmshaven, Germany, Fax: +49 4421 / 1306 841, Email: firstname.lastname@example.org
I / We hereby cancel the contract concluded by me / us (*) concerning the purchase of the following goods (*) / provision of the following services (*)
Ordered on (*) / received on (*): ______________
Name(s) of consumer(s): ______________________
Address(es) of consumer(s): ___________________________________________
Signature(s) of consumer(s)
(*) Please strike out all that do not apply
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