General Conditions

Generalities

Art. 1

1. The present General Conditions apply to the products and services offered by Professional Key Services Srl (henceforth ProfKeyS).
2. The websites profkeys.com, profkeys.ch and profkeys.hu (henceforth ProfKeyS webpage), as well as any subdomain connected with either of these sites are operated by ProfKeyS.
3. Any legal person or entity (henceforth the Client) who turns to ProfKeyS for information, for an offer, or places an order with ProfKeyS, or who uses the ProfKeyS website is subject to the present General Conditions.

Modalities

Art. 2 Products and Services

The products and services offered by ProfKeyS include commercial activity, translation and advisory, wording, and page layout creation services.

Art. 3 The Contract

1. The contract is drawn up between ProfKeyS and the Client when the Client sends the completed order form to ProfKeyS through the ProfKeyS website. The order is finalised once the amount indicated for the ordered service is received by ProfKeyS. A confirmation email for the reception of the order and the payment is sent out to the email address indicated by the Client.
2. The Client is responsible for providing all the necessary information for the efficient execution of the service that he/she has ordered. These include:
   1. indicating a valid email address
   2. providing all the necessary information for the writing of the document
   3. attaching, when relevant, the necessary file(s), indications and precisions for the efficient execution of the services ordered (for example photo, model of style format, list of terminology to be used, etc.).
3. It is also the Clients responsibility to make sure that the options and the services chosen, as well as the sent documents, correspond to the service desired. Unless the Client sends an immediate rectifying email, ProfKeyS will carry out the order according to the indications received in the first instance.

Art. 4 Pricing

1. The prices of ProfKeyS services are indicated with all applicable taxes. No other charge is imputed to the Client. The total amount to be paid is clearly visible at the moment of order.
2. Upon request and for services requiring a personalised offer, ProfKeyS draws up a detailed offer once it has conducted a review of the work to be done.
3. ProfKeyS has no control over any possible additional fees that may be charged to the Client by his/her bank or credit card institution as commission for currency conversion or credit card use.
4. ProfKeyS reserves the right to have different pricing policies on its various websites and their sub-domains.

Art. 5 Payment

1. After having chosen the desired service and having filled out the appropriate order form, the client proceeds to pay.
2. ProfKeyS offers its Clients the following payment possibilities:
   1. payment by credit card
   2. payment by bank transfer
   3. payment through email
   4. payment by postal cheque (only in Switzerland)
3. For online and credit card payments, ProfKeyS has integrated the system of PayPal. This secure online payment system has been carefully chosen by ProfKeyS in order to be able to provide different payment possibilities at the lowest fees for both Parties. Paying through PayPal does not involve any additional fees for the Client.
4. Excluding any other arrangment or agreement between the two Parties contradicting the present General Conditions, the work will be carried out once the due amount for it has been fully settled.

Art. 6 Delivery

1. The Client accepts that ProfKeyS will deliver the finished product to the email address that the Client has indicated.
2. The Client may ask for delivery to a physical address (on paper, CD, DVD). In case of delivery by postal services, the related fees are at the charge of the Client. The relevant postage fees are communicated upon demand and have to be determined on a case by case basis.

Art. 7 Timeframe

1. ProfKeyS indicates the deadline for each of its services on the website or in a personalised offer. ProfKeyS commits itself to finish the ordered service in the shortest time, but latest by the deadline indicated when the order was placed.
2. The deadline starts from the reception by ProfKeyS of the entire amount due and the necessary documents for the ordered service.
3. The deadlines are defined on a 24 hour basis. During non working days the deadline is suspended. The non working days consist of the following days:
   1. Saturday
   2. Sunday
   3. January 1st
   4. Good Friday
   5. Easter Monday
   6. December 24th, 25th, 26th and 31st

Art. 8 Reasons for Delay

1. ProfKeyS cannot be held responsible for the non execution of an order, for the non respect of a deadline or for a work judged incomplete if the Client did not provide sufficient information, documents or precisions when placing the order.
2. The Client cannot ask for a refund because of non respect of a deadline if the delay was due to insufficient information, an oversight on the part of the Client, an error in the attachment of the file, a technical problem preventing the reception or the reading of the attached file, which was not rectified by the Client within the timeframe set by ProfKeyS. If the rectification was done within the set timeframe, ProfKeyS commits itself to meeting the deadline fixed at the initial order.
3. In the eventuality of missing or insufficient information, ProfKeyS reserves the right to extend the deadline by a maximum of the double of the initial deadline or to reset the ongoing deadline when it receives all the missing elements for the successful meeting of the order. In such cases, ProfKeyS informs the Client about the new deadline in writing (email).

Art. 9 Possibility for Modifications

For certain services, the Client has the possibility to ask for modifications in the finished product during a certain period of time. The services, the modalities and the timeframes are indicated on the ProfKeyS website.

Art. 10 Errors

1. ProfKeyS cannot be held responsible for incorrect information in the final product if the error originates from the information provided by the Client.
2. ProfKeyS commits itself to make modifications and/or corrections in a finished product in which the error can clearly be attributed to a mistake or inattention due to ProfKeyS. A request for modification must reach ProfKeyS by email within 7 working days after the delivery of the finished product. ProfKeyS will carry out the necessary modifications and corrections in the shortest possible period of time.

Art. 11 Provided Texts

1. The Client declares that he/she is the author of any text or document that he/she is planning to use in his/her name or that he/she has obtained authorisation to do so from the rightful owner.
2. The Client may not send to ProfKeyS any text or document that in anyway violates a national or international law. ProfKeyS cannot be held responsible under any circumstance if a text or a part of a text sent by the Client violates laws regarding intellectual property or the rights of a third Party or any other applicable rules.

Art. 12 Specific Terminology

1. The Client has the possibility to provide, prior to the execution of the service, any specific or personalised terminological, editorial or wording preferences he/she would like ProfKeyS to use in a given domain. In the absence of any such indication, the Client accepts ProfKeySs choices of terminology and wording.
2. In the case of potentially ambiguous wording (lexical or structural), ProfKeyS declines all responsibility for a possible misinterpretation of the ambiguity.

Art. 13 Value of Documents

The documents created by ProfKeyS have no legal, technical, scientific or any other value. The Client is the sole responsible for any consequence that the use and the distribution of a document created by ProfKeyS may have.

Art. 14 Confidentiality, Privacy, Protection of Data

1. ProfKeyS considers the protection of privacy and personal information as essential factors of its policy. Therefore, all information that comes to the attention of ProfKeyS is treated in the strictest confidentiality and discretion, and in accordance with Swiss law governing data protection. No data or information contained in the documents sent to ProfKeyS will be communicated to a third Party.
2. Both Parties commit themselves to keep in the strictest confidentiality all personal and business information that they may come to know about the other Party or a Third Party during the course of their relationship.
3. Moreover, the two Parties commit themselves to behave in a manner that does not undermine the financial or professional interests or the reputation of the other Party or of a Third Party.

Liability

Art. 15

1. Under no circumstances can ProfKeyS be liable while executing its services for any possible financial, commercial, technical or any other loss, prejudice or damages caused to the Client.
2. ProfKeyS cannot be held liable in any circumstance for any direct or indirect financial or other loss or damages due to an interruption or the malfunctioning of the ProfKeyS website or the used payment systems.
3. ProfKeyS cannot be held responsible for the loss of a document or the non respect of a deadline caused by an incorrect indication by the Client of his/her email address, or a technical problem related to the reception of incoming mail to the indicated email account (account too full, problem with the server, junk mail filtering, etc.) or any other technical problem related to an outside system (money transfer system of the Clients bank or credit card institution, the Clients Internet access, etc.).

Art. 16 Limit of Liability

1. The Client can only claim compensation for a finished work containing errors if beforehand he has asked for correction within the defined deadlines and it has been rejected or incorrectly executed.
2. Without prejudice to the dispostions of the present General Conditions, the maximum financial compensation that ProfKeyS can be liable for under any circumstance, is the total amount which it has received for the service for which the liability claim has been instanciated.

Advertisement

Art. 17 Advertisment on the ProfKeyS Website

1. ProfKeyS can sell advertisement space on the ProfKeyS website. The modalities and the rates can be found on the ProfKeyS website.
2. Prior to reservation, it is necessary to verify whether the wanted advertisement space is free.
3. ProfKeyS reserves the right to grant exclusivity for certain advertisment spaces.
4. Moreover, ProfKeyS also reserves the right to refuse an advertisment without motivation. ProfKeyS cannot be held responsible for any moral wrong or financial loss with regard to its advertisement policies or in general to advertising on its website.
5. The Client is sole responsible for the content made accessible by a link from his/her advertisement. Websites advertised must respect all Swiss and international laws and conventions.

Miscellaneous

Art. 18 Use of the Website

Regulations regarding intellectual property apply to the entire content of the ProfKeyS website (including all accessible information such as texts, photos, sound recordings, downloadable data and programs, as well as the integrated technology) and it is the exclusive property, in the absence of any arrangement to the contrary, of ProfKeyS.

Art. 19 Out-Sourcing

ProfKeyS reserves the right to give away, sell, outsource or transfer in any other way to a Third Party of its choice all or part of its duties and obligations.

Art. 20 Modification to the General Conditions

ProfKeyS reserves the right to adapt or to modify the present General Conditions at any time.

Art. 21 Language

The version in French of the present General Conditons is legally binding. All other versions are translations for purposes of convenience.

Art. 22 Jurisdiction and Applicable Law

The present General Conditions are governed by Swiss law. In case of disagreement, the Parties will strive to settle their differences out of court. In the impossibility of this, the Courts of the Canton of Geneva, and eventually the Swiss Supreme Court, have jurisdiction.

Art. 23 Validity

The Client declares to have read, understood and accepted the present General Conditions. Any exception made to the present General Conditions cannot be considered as a modification. In case any of the clauses of the present General Conditions is deemed invalid, void or unenforceable for a particular reason, the validity and the enforceability of the other clauses shall not be affected.