The following Terms of Conditions (referred to as the “T&Cs”) apply for all services between the customer (referred to as “client”) and Essayconsul (referred to as the “contractor”).
The client acknowledges and accepts the Terms& Conditions through the placing of an order. The terms and conditions last through the entire duration of the business relation.
2) Scope of the German Commercial Code (HGB) and the Civil Code (BGB)
To the extent that the client is a merchant within the meaning of the German Commercial Code (HGB) and the client is acting on behalf of his trade, then these conditions shall prevail over the terms of the client, provided that the T&Cs should differ. Merchant within the meaning of the Commercial Code, who operates a trade (see § 1 HGB). Otherwise, for all other clients, the Civil Code (BGB).
3) Consulting services
- Subject of our assignment are exclusively written and oral consulting services after § 611 BGB, service contract. Success of the consulting is explicitly not guaranteed.
- Regarding the quality of our consulting services: We can assure our clients that the consulting services are provided by highly qualified and academic personnel so that we can assure the highest measure of quality. We can’t assume any other assurances regarding the quality of our consulting services.
4) Exam relevant consulting services
- If we provide scientific consulting services, we want to point out that it isn’t permitted to issue or submit our consulting services as your own performance. The contractor also isn’t liable or responsible for any misuse of our consulting services by the client.
- In addition, the client agrees at the assignment of the exam relevant consulting services to make a statement, to the contractor to use these consulting services only in a permissible way.
5) Bid, acceptance, writing, scope and modifications
- The offer of the contractor to create a consulting service is subject to change in terms of price, quantity, delivery time and the availability of products and is therefore not binding until the offer is accepted and the order is confirmed by the contractor.
- The acceptance of an order occurs only through the delivery of the order confirmation by both parties – the contractor and the client. The order confirmation is only valid in written form. It can generally be done by e-mail.
- The contract scope is determined solely from the order confirmation.
Should the order confirmation contain deviations from the offer of the client, these deviations are to be approved by the client, provided that the contractor doesn’t receive a contradicting statement within 14 days of the notification of the order confirmation
- Changes requested by the client, which take place after the acceptance of the order confirmation, are no longer to be considered by the client in the contract scope. Hence, there is no claim for consideration of change requests after the order was assigned. If there is a consideration of requests for change, the consideration is made without recognition of a legal duty to do so. If the contract scope is considerably expanded by the change requests, the contractor is entitled to submit a new cost estimate. If the new or extended offer is accepted, then the original contract before is renewed with the acceptance of the new offer. But the original contract remains valid or binding irrespective of the rejection of the new offer.
6) Fees and payment
- The fee of the contractor and the terms of payment for the fee are to be agreed individually between the contractor and the client according to the scope and nature of the consulting services. In addition § 5 IV of these T&Cs apply accordingly.
- The agreed fee is generally to be paid fully in advance to the contractor. In the case of extensive orders partial payment amounts & dates may be arranged. In the latter case, the partial payment must be made in advance.
- If partial payments have been agreed, there will be partial delivery of the commissioned consultancy service after each part payment or installment payment. With the final installment and with the associated completion delivery of the completed order, the client acquires the right to use all delivered consulting services.
- If the client withdraws prematurely from the contract, he has to pay regardless of the question of the effectiveness of the resignation, in case of cancellation within two weeks after placing the order at least 50% of the contract fee, in case of cancellation four weeks after placing the order at least 75% of the contract fee. Further damage claims of the contractor remain unaffected by this. An already paid installment cannot be acquired back by the client.
- Unless otherwise agreed, the prices are in Euro plus VAT.
7) Expected delivery dates, file format
- The delivery and the file format are to be agreed between the contractor and the client. In other respects, § 5 IV of these T&s apply accordingly.
- The agreed delivery dates are estimated dates, unless contractor and client expressly agree to fixed delivery dates.
- If the expected delivery dates cannot be complied with, this has no effect on the existence of the contract. The client is not entitled to terminate the contract for exceeding an expected delivery date. The client may also make no claims for damages for exceeding an expected delivery date. Regarding fixed delivery dates, the provisions the BGB shall apply.
- All deliveries of our consulting services, provided that such services shall be provided in writing and nothing else is agreed, generally by e-mail and in the agreed file format.
- Deliveries shall be considered done when the data has been detectable sent to the client e-mail address and is marked “sent” in the electronic transmission protocol of the contractor.
8) Usage rights
- With regard to all of our consultancy services, particularly those in writing, we refrain explicitly and permanently to any designation as authors.
- After completed payment of the fee of the contractor the client receives all temporally and spatially exploitation rights to the advisory services.
- With the final installment and with the associated completion delivery of the finished text, the client acquires the right to use the entire delivered manuscript. We expressly point out that we accept no responsibility or damages from the client, if we come to the knowledge that the client used our model manuscripts or text plans to use texts written by us – – for academic purposes especially in the situation where the client simply submits such manuscripts to the university. Every equal copy usage of our texts, sample texts or manuscript templates for academic usage requires the client to cite us as the source.
- With regard to all text templates or model papers created by us, we forfeit fundamentally and permanently any mention as authors or owners. Thus all exploitation rights are automatically unlimited spatially and temporally transferred to the client.
- We stand for the highest possible quality of our services and can assure you that we entrust only qualified personnel to the provision of our services. However we can’t give you a guarantee for success. A liability of the Contractor regarding the quality of the service is therefore excluded to the extent that the Contractor is not liable for the success of the client.
- The client assumes no liability for third party texts, submitted by the client to contractor and provides, so that these texts are taken as part of the contract. The client shall indemnify the contractor against all claims by any third party in relation to such texts freely.
- The Contractor shall review its created in text form services regularly and thoroughly using the software “PlagScan” to check for the existence of plagiarism. All the third party texts submitted by the client are also scanned. The contractor is not liable if it should arise based on some other software that plagiarism exists.
- The client cannot make claims based on plagiarism found with other software.
- The contractor checks constantly with updated computer software, all electronic files regularly for viruses and computer security.
- The Contractor shall not be liable to for any damage that may occur at the client by the delivery of electronic files to the contractor, despite these security measures.
- The liability is in any case limited to the contract value.
The client may bring complaints within 14 days of delivery or of respective partial delivery of each service provided by the contractor. Complaints must be in writing. If within this period no complaints have been made, the service shall be deemed accepted. The client is obliged to formulate his complaints as accurately as possible and to give the Contractor written notice. Following the client and the contractor agree on the type and size of the changes to be implemented.
11) Liability for web content
Despite our efforts to completeness and accuracy of our website, we cannot guarantee this. We take no responsibility for the functionality and accessibility of this website, as well as third party contents or footprints.