TERMS & CONDITIONS
1. Scope of application
The following General Terms and Conditions (GTCs) apply to all services provided by Target Languages GmbH in business transactions. They are published on the website https://target-group.io/.
Target Languages GmbH (hereinafter referred to as “Target”) is active in various business areas. Unless otherwise agreed, the following general terms and conditions apply equally to orders from all divisions. For orders from the Branding, Communications, and Cybersecurity business areas, the additional terms and conditions described below (sections 3 & 4) apply in addition to the general terms and conditions (section 2).
2. General conditions
2.1 Conclusion of contract
Orders placed verbally shall only be effective upon written confirmation. Collateral agreements and amendments must be made in writing to be effective. The exact nature of the service and the scope shall be defined in separate order agreements, offers or order confirmations.
2.2 Services and obligations
Target undertakes to provide the agreed services carefully and professionally, to the best of its knowledge and belief. The exact specifications and scope of the services are set out in the individual agreements. In principle, Target is not liable for the success of the commissioned services when used by the customer.
The client must inform Target of the form in which the service is to be performed and provide further information and documents, insofar as these are required, in good time. By placing the order, the customer confirms that it has the appropriate usage or access rights for the documents and systems provided.
In the event of a culpable breach by the client, Target may terminate the contract without notice for good cause.
2.3 Order processing
Target is entitled to have its services performed by qualified third parties. The customer agrees to this. When selecting third parties, Target shall only be liable for careful selection and within the scope of the agreed liability rules. Confidentiality is ensured by the conclusion of corresponding written agreements and by technical and organizational measures.
Compliance with the agreed delivery date requires the timely provision of the necessary documents/information by the client. In the event of delays or subsequent changes/additions, the delivery date must be re-agreed.
2.4 Term-related agreements (subscriptions)
When concluding a contract for the use of products and/or services provided and/or rendered by Target over a certain period of time (subscription), the minimum term, notice period and termination date are based on the respective written agreement.
Early termination is possible in the following cases:
Persistent unavailability: If Target is unable to provide the product or service for the foreseeable future, the customer is entitled to terminate the contract. This excludes causes for which the customer is responsible and force majeure.
In the event of unlawful, inappropriate or improper use by the customer or its representatives (employees): In this case, Target is entitled to terminate the provision of services. The customer shall owe the payment of all fees until the next contractually possible termination date. The terms of use of the product or service shall apply.
Default of payment by the customer: In this case, Target is entitled to terminate the provision of services. The customer shall owe the payment of all fees until the next contractually possible termination date.
2.5 General liability
Target shall only be liable for intent and gross negligence. Liability is limited to the damage typical for the contract. Liability for indirect damage or loss of profit is excluded.
The customer shall indemnify Target against any claims that could be asserted against Target by third parties arising from the service provided.
Any further liability is excluded with the exception of intent and proven gross negligence on the part of Target and its vicarious agents.
2.6 Confidentiality
Target undertakes to treat all information made available within the scope of the cooperation as confidential and to use it only for the agreed purpose, as well as to maintain secrecy about all facts that become known in connection with the fulfillment of the contract. This obligation shall also apply beyond the end of the cooperation.
There is no liability with regard to the known risks of the electronic transmission of texts and data.
Data protection regulations must be complied with by both parties. Further information on this can be found in Target’s privacy policy, published on its own website. Further details can be set out in an individual confidentiality agreement.
2.7 Invoicing
Invoices are due 14 days after receipt. Discounts or other price deductions require a prior, written individual agreement; the client’s general terms and conditions of order are not sufficient to justify a claim.
The basis of calculation is Target’s price list, unless otherwise agreed with the client, e.g., in the form of an offer. If no fee agreement has been made prior to the execution of the order and if the service to be provided is not part of Target’s general price list, the actual time spent shall be charged at the currently valid hourly rate.
If an order is canceled, Target is entitled to invoice the work incurred up to that point. In the case of term-related products (subscriptions), the agreed notice periods apply.
If the customer is in default of payment, Target is entitled to suspend services or deliveries. In this case, the customer’s claim to performance by Target expires. Target shall continue to be entitled to the agreed fees, in particular also for term-related agreements (subscriptions).
3. Branding & Communications business units
3.1 Obligations of the client
The client shall provide Target with all data and documents required for project processing free of charge. By placing the order, the customer declares that it holds the respective rights to the data.
3.2 Rights of use
Unless otherwise agreed, Target shall grant the client a non-exclusive right to use the documents and concepts provided. This applies for the agreed duration, the agreed purpose and requires full payment of the order by the client. Changes and modifications to the services provided and the transfer of rights of use by the customer to third parties require the consent of Target. In particular, copyrightable content requires Target’s consent before it can be used or forwarded.
These provisions also apply to content and concepts from offers, presentations and drafts, irrespective of whether an order is placed with Target or not. Drafts that are not realized are also protected and the rights to them remain with Target.
Unless otherwise agreed, Target retains an unlimited right to use all content and concepts created for its own purposes. Target may refer to the existing customer relationship and reference projects in its own communication channels.
3.3 Liability
The client shall bear any risk arising from the processing and use of documents and content by Target, including injury and financial loss. Delivered data must be checked immediately by the customer for technical integrity and accuracy of content (text and images). This applies in particular to decision-relevant content such as figures, production-relevant and medical information and business results. The customer cannot hold Target responsible for any loss or damage caused by the use of the documents or texts that Target has processed.
In the case of contracts, brand and product names, slogans, logos and other content that may be worthy of protection, Target’s responsibility is limited to the correct execution of the commissioned services. Any further liability, in particular with regard to legal effects and trademark issues, is excluded. It is the responsibility of the customer to check the content and documents supplied for possible property rights or other rights of third parties.
It is the responsibility of the customer to check all content, texts and information provided by Target before publication and use. Target accepts no liability for any consequences arising from their use. This also applies if Target carries out the publication on behalf of and on the instructions of the customer. Target is also not liable for any consequences or claims arising from content published on social media channels and the creation of content for these channels.
Unless otherwise agreed, Target shall be liable without limitation in the event of intent and gross negligence. In the event of a breach of material contractual obligations due to simple negligence, liability shall be limited to the foreseeable damage typical for the contract.
3.4 Translations
Unless otherwise agreed, translation fees are calculated according to standard lines. The number of lines is determined in the source language of the translation. If the volume of the target language is higher than that of the source language, the target language shall be the agreed benchmark.
3.5 Complaints
The customer must address any change requests or complaints to Target in writing within 10 working days of receipt. After expiry of this period, any further claims are excluded. This applies regardless of the nature of the claim or the cause of the action, whether for breach of contract or tort or otherwise, even if Target has been advised of the possible occurrence of such damages. Liability is further independent of any quotations or additional documentation. Any errors found will be corrected at no additional charge.
4. Cybersecurity business unit
4.1 Obligations of Target
Target is responsible for the conscientious and professional implementation of the agreed technical services and the provision of the corresponding tools. With the order confirmation, Target does not enter into any obligation to deliver results, but merely provides services, tools and advice.
For maintenance purposes and in the event of unexpected system failures, the availability of services and tools may be restricted for as long as technically necessary. The Contractor may not derive any claim for reduction, reimbursement or compensation from this. If unforeseen events or force majeure occur that make the agreed service more difficult or impossible, e.g., due to Internet outages, technical failures in services provided by third parties or official orders, the agreed delivery and service period shall be extended by at least the duration of the event that led to the delay.
4.2 Obligations of the client
The client is responsible for the working environment and its own infrastructure. This includes all hardware and software components as well as programs, licensing and configuration on the customer’s end devices. Technical defects on devices or in the client’s infrastructure and the resulting loss of performance in the services and tools provided by Target do not justify a reduction in the agreed order volume and invoice amount.
The customer must ensure a sufficient Internet connection for the use of Target’s services and tools. Changes in the customer’s infrastructure that are relevant for the use of Target’s offers must be communicated immediately.
4.3 Liability
The customer is obliged to comply with the applicable laws when providing the infrastructure, equipment and systems required for the execution of the order. Liability for actions of a civil and criminal nature lies with the client, who releases Target from any legal responsibility.
Target accepts no liability for direct or indirect damages, consequential damages, loss of data, financial losses or other direct or indirect losses arising from the use of the services or tools offered. This applies in particular, but not exclusively, to security incidents, data breaches, system failures or other cybersecurity-related events. Target endeavors to minimize the likelihood of such incidents by implementing systems and services as well as training measures at the customer’s premises; however, they can never be completely ruled out. Target does not guarantee the absolute security of systems or data. Furthermore, Target does not guarantee that the services or tools provided will be free of errors or interruptions.
Target is not liable for damages caused by its own or third-party products or services, including but not limited to software, hardware or other technologies. Nor does Target accept any liability for acts, omissions, service interruptions, quality problems or delays caused by third parties.
The customer itself is responsible for securing its systems and data. Target accepts no liability for damage caused by inadequate security precautions or negligence on the part of the customer. Target is also not liable for damages incurred by the customer directly or indirectly as a result of the performance of the agreed services. This includes, but is not limited to, temporary or permanent interruption or delay of the services or the network, loss of profits, loss of business data and the unavailability of applications and data. This also applies if the damage is caused by malfunctions of the tools provided by Target, missing or inadequate encryption and processing and transmission errors of electronic messages or data.
4.4 Special conditions for certain services
Special additional provisions apply to certain individual services from our cybersecurity portfolio. Target will make these available to the client on request and when the order is concluded. Their content and any individual agreements with the customer supplement these General Terms and Conditions.
5. Final provisions
This contract shall be governed exclusively by German law. For merchants, the exclusive place of jurisdiction for all claims is Heidelberg.
Target is entitled to amend and supplement the General Terms and Conditions at any time. The provisions valid and published at the time the order is placed shall apply. It is the responsibility of the customer to inform himself about these.
Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic sense and purpose of the invalid provision.