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Terms and Conditions

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I. General

Our services are provided in accordance with the following conditions, which are binding upon agreement to the contract, unless alterations have been expressly agreed upon by both parties in writing. By ordering these services, the purchaser agrees to accept the following conditions. No changes to these Terms and Conditions is accepted unless otherwise expressly agreed upon by both parties in writing. The customer him- or herself must confirm whether they are obligated to the writer's social contribution.

1. By clicking on the purchase button the customer agrees to the prices and delivery conditions as displayed on the screen. Acknowledgment of the receipt of your order takes place simultaneously with the acceptance of your order, and an immediate automated e-mail with these conditions will be sent to the customer. With this e-mail confirmation, the contract is confirmed, and subject to the receipt of payment.

2. myspeechwriter.com maintains the right to withdraw from any contracts for orders made to create scientific or academic papers. This includes texts intended for the purpose of obtaining an academic degree or academic publication. MySpeechwriter.com reserves the right to withdraw from the contract if a text has been ordered contrary to this regulation.

3. The customer warrants that the content and information provided for the creation of the ordered text is free of third party rights. The content and information provided by the customer must not violate the laws or rights of third parties. If content or information submitted by the customer to MySpeechwriter.com as part of the customer's order violates the rights of third parties, the customer is obliged to indemnify MySpeechwriter.com of any damages. In such cases, MySpeechwriter.com reserves the right to withdraw from the contract.

4. Should MySpeechwriter.com withdraw from the contract due to any of the above-mentioned violations made by the customer, particularly as denoted in I.2 and I.3, the customer is still obligated to pay the contractual amount. In such cases, payments already received will not be reimbursed by MySpeechwriter.com.

5. MySpeechwriter.com also reserves the right to withdraw from a contract of the order if:

6. Before submitting the binding order, all data fields will be summarized one final time and can be corrected at this point. MySpeechwriter.com saves the contract text and will send the customer both the order data and the Terms and Conditions by email. The Terms and Conditions can also be viewed at any time on the myspeechwriter.com website.

7. MySpeechwriter.com does not offer any legal expertise or consultation, and is not obliged to do so.

8. Contract languages are English and German.


II. Payment

Advance payment shall be made directly after ordering the manuscript. Payment can be made by bank transfer or by using PayPal. The order is processed upon the receipt of cleared funds.


III. Delivery, Collaboration, Acceptance

1. The deadline for text delivery begins with the receipt of payment in advance; this is either on the day after issuing the purchase order to the bank or, in the case of using another payment method, the day after the confirmation of the contract. The text delivery deadline is at the conclusion of the last day of the deadline. If the last day of the deadline period falls on a Saturday, Sunday or a general public holiday as recognized in the place of delivery, the deadline will end on the next working day.

2. Timely delivery is subject to the condition that the specifications provided by the customer when placing the order are sufficient for the order to be processed properly. If it becomes apparent that the information or specifications of the order as communicated by the customer are insufficient, the customer will be informed of this immediately by telephone or email, with a request for further information. At this time, the customer will also be informed of the new delivery deadline.

3. In instances where force majeure, strikes, late third-party delays, unforeseen operational or shipping difficulties or other obstacles or circumstances occur that cannot be prevented despite due care and diligence, MySpeechwriter.com is released from the contractual obligations for the duration of the disruption, and to the extent of their effect. If the resulting delays exceed a period of six weeks, both contractual partners are entitled to withdraw from the contract with regard to the scope of the impact upon services, or to adapt the contract to this situation. Other claims do not exist.

4. The completed text will be uploaded to a password-protected online area, accessible at https://www.myspeechwriter.com/user/login. The customer has the option to request free amendments or a review within 10 days after the finished text has been uploaded by MySpeechwriter.com into the MySpeechwriter.com online area. The customer will be informed by email once the updates have been made. Changes requested within 10 days of the document being uploaded will be completed within one to five business days. The amended version of the text will also be available in the online section. Statutory warranty rights apply for the customer. If the customer is an entrepreneur, an association, a public law entity or a public special estate, the customer must report any errors within 10 days. After 10 days have passed since the final text upload, no claims for amendment or correction will be honored.

5. If the contractually-completed text has not been accessed online within 14 days of delivery to the customer, the text shall nonetheless be deemed to have been accepted. Acceptance shall also be deemed to have occurred if the customer makes use of the text or transmits the text to a third party for use. Before accepting the text, the customer is obliged to check it for errors. Additionally, the customer is required to check whether MySpeechwriter.com services have infringed upon the rights of third parties or other laws.


IV. Liability

1. MySpeechwriter.com is excluded from liability for damages caused by ordinary negligence, unless they result from the breach of cardinal obligations or damage from injury to life, body or health, or claims under the Product Liability Act. This also applies to breaches of duty by our vicarious agents. Cardinal duties are those contractual obligations whose fulfillment make proper execution of the contract possible in the first place, and on the compliance of which the contractual partner may regularly rely.

2. Insofar as the customer has accepted MySpeechwriter.com services, MySpeechwriter.com is not liable for any damages resulting from errors in its services that the customer could or should have recognized before acceptance of the text. In addition, MySpeechwriter.com is not liable for any legal violations resulting from content and information provided by the customer. The customer hereby indemnifies myspeechwriter.com from all claims asserted by third parties to whom the customer has given the text for use.

3. In the case of breach of cardinal duties, liability in cases of ordinary negligence is limited to damages typically associated with the contract and foreseeable circumstances.


V. Right of Use

Subject to the payment of the invoice amount, MySpeechwriter.com transfers to the customer the exclusive rights to use the text with regard to content, time and space. In particular, the customer has the right to use the text commercially, as well as to grant third parties the right to use the text. However, third parties may not claim authorship of the text. The use of the text for punishable purposes and/or for scientific, academic or other examinable purposes is not covered by the granting of rights of use.


VI. General Information Requirements for Alternative Dispute Resolution, Pursuant to Article 14, Paragraph 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act)

The European Commission provides a platform for online dispute resolution, which can be found at this address: https://ec.europa.eu/consumers/odr/ 

MySpeechwriter.com is not obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.


VII. Choice of Law and Jurisdiction

1. This contract is subject to German law. For customers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the customer has their habitual residence is not thereby withdrawn. A customer is any natural individual who enters into a legal transaction for purposes which are not predominantly commercial nor self-employed. An entrepreneur is any legal individual or partnership with legal personality who, in accordance the contract, is acting in the course of their commercial or independent professional activity.

2. If the customer is a merchant, a legal entity under public law or a special public fund, Wilhelmshaven is the place of jurisdiction; however, MySpeechwriter.com is entitled to file claims against the customer in the legal context of the customer's own place of residence.

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