General Terms and Conditions for Clients
- These General Terms and Conditions (“GTCs”) set forth the legally binding terms and conditions for remote video interpreting services (“Services” or “Interpreting Services”) delivered by dolmX (“dolmX”) to its clients (in particular legal entities under public and private law) via the www.dolmx.ch platform. By registering on the platform, the client accepts these GTCs without reservation. Deviating conditions of the client are expressly excluded. If the client does not agree with all the provisions of these GTCs or does not meet the requirements set forth therein, the Services may not be provided to them.
- dolmX is entitled to change or amend these GTCs at any time. In this case, the client will be informed about this in advance. The new terms and conditions enter into force two calendar weeks following receipt thereof, unless the client has objected to the new terms and conditions in writing (by letter or email) within one week of receipt thereof. In this case, the client may no longer avail of the Services when the new GTCs come into effect.
2. Contractual Object
- The contractual object is the provision of Interpreting Services exclusively via video call by dolmX and its subcontractors to its clients on its platform. Written translation services are excluded.
- The provision of Services is governed by the simple mandate pursuant to Art. 394 et seq. of the Swiss Code of Obligations (CO).
3. Conclusion of the Contract
- In order for the client to obtain the Services offered by dolmX, registration on the platform followed by creation of a user account is required. As part of this process, a valid credit card is required for the booking, and these terms and conditions must be accepted.
- Subsequently, the client may compile the desired service using the features available on the platform. For this purpose, they enter in particular the required information (desired time, duration as well as language combination) and deliver the request to dolmX. This application represents an offer on the part of the client to provide the requested service by dolmX in accordance with the most recently revised version of the GTCs.
- Upon receipt of a request, dolmX will check whether suitable interpreters are available to fulfill the order. Provided that a suitable interpreter can be found, dolmX accepts the request, which concludes the contract between dolmX and the client. The client is informed about the platform electronically by means of an order confirmation.
- If the request submitted by the client is not accepted within 30 minutes of submission, dolmX informs the client accordingly. The client may subsequently cancel the request free of charge or change the date (day/time) of the requested service. If the client does not take any further action, dolmX will continue its search for a suitable interpreter.
- The client may change a service provision confirmed by dolmX free of charge up to 60 minutes before the assignment. The assigned interpreter will be informed about this change and may confirm or reject it. In the event of rejection, dolmX will endeavor to find a replacement. Late changes or cancellations on the part of the client are not possible or are considered to be cancellations with costs incurred.
- dolmX cannot guarantee that every request of the client will be fulfilled (this applies in particular to requests for Services at short notice). dolmX may reject requests without giving reasons. The client may not assert any claims against dolmX as a result.
4. Involvement of Third Parties
- The client acknowledges and agrees that the service provision is not only performed by dolmX alone. dolmX is in particular entitled to involve independent third parties commissioned by it (“subcontractors”) as part of the service provision. By taking appropriate measures, dolmX ensures to the best of its ability that only sufficiently qualified subcontractors are used. The client is not entitled to have the service provided by an interpreter of their choice.
- The contractual relationship is always and exclusively between dolmX and the client. Contact between the client and the interpreter must be made exclusively via the platform. Direct contact with interpreters, in other words bypassing the platform, is prohibited.
5. Duties of the Client
- The client shall inform dolmX of all prerequisites so that the agreed service can be provided. The duties and obligations of the client include, but are not limited to:
- Providing the information, personnel and IT infrastructure necessary for the provision of Services in the client’s domain
- Ensuring that personal data and information entered on the platform are correct and up to date at all times.
- Ensuring that each speaker adjusts their speaking speed as necessary, so that the interpreter has sufficient time to translate the conversation.
- Ensuring that participants wait for the interpreter for at least seven minutes from the agreed time. If the interpreter does not appear within this period, the client may terminate the video call without incurring any costs.
- Maintaining confidentiality of access data provided by dolmX to the client (no disclosure to unauthorized third parties). If the client becomes aware that unauthorized third parties are in possession of this access data, they shall inform dolmX without delay to the fullest extent. The client is responsible for all activities that take place via their access data.
- Using the platform in accordance with the law and the contract
- Maintaining, caring and protecting the client’s own IT infrastructure adequately, in particular to prevent damage to dolmX’s platform and IT infrastructure
- Complying with the rules of use and instructions for action communicated by dolmX or third parties within the scope of service provision as well as in interacting with the platform
- Complying with the agreed or confirmed deadlines confirmed by dolmX
- dolmX will be notified immediately should the client become aware of any use of the platform that is in violation of these GTCs (contact@dolmX.ch).
- In particular, the client is prohibited from:
- Using the platform or the services for unlawful, immoral, fraudulent, discriminatory, slanderous and/or any illegal purposes.
- Intentionally manipulating the platform or otherwise using it in a manner contrary to the law or the terms of the contract
- Procuring Services offered on the platform directly from the interpreters by bypassing the platform. In particular, the client is prohibited from:
- Disclosing personal information such as email addresses, telephone numbers or other contact details for the purpose of direct or indirect contact with the interpreter;
- Inviting interpreters registered on the platform to provide Services outside the scope of the platform;
- Canceling Services ordered through the platform, with the aim of hiring an interpreter separately;
- Using the communication system provided on the platform other than for order-related communication between the client and the interpreter and/or dolmX.
- Further duties and obligations of the client are reserved. If the client does not comply with their obligations to cooperate, even after written request (email is sufficient) by dolmX, the latter may discontinue the provision of Services and terminate the working relationship without notice. dolmX is entitled to bill the client for the resulting additional expenses according to the time and effort expended, reserving the right to assert further claims. Violations may also be subject to civil and criminal penalties.
dolmX endeavors to answer support and customer inquiries within regular business hours as promptly as possible and via a suitable channel. dolmX expressly reserves the right to charge the client for the associated expenses at the rates applicable at the time.
- The provisional payment amount for the service provision results from the order confirmation for the chosen service The final invoice is issued after the service has been provided. Unless explicitly stated otherwise, all prices are quoted in CHF and exclude VAT and other charges.
- The client may start the video call on the platform at the earliest five minutes before the agreed time. The billable minutes start from the moment when both parties have started the video call. The first 15 minutes of the service are billed at a flat rate. After that, all invoicing is on a per-minute basis. As soon as one of the parties ends the video call, the billable time is stopped and automatic invoicing takes place.
- Cancellations with costs on the part of the client will be charged at a lump sum of CHF 50 (plus VAT).
- Five days prior to the agreed service provision, the provisional payment calculated on the basis of the information provided by the client is blocked on the client’s credit card. For further orders, the blocking will be made immediately. The effective debiting of the credit card will take place only after the service has been provided or in the event of a cancellation for which a fee is charged. If a blocking or debit is not possible via the client’s credit card, no new orders can be made. Orders that have already been confirmed may still be fulfilled. The client will be informed about this and asked to update the stored payment data. Restrictions on the user account will remain in effect until the blocking or charge has been successfully made using the client’s credit card. Regardless of any restrictions on the user account, all payments owed to dolmX by the client remain valid.
- A claim for payment on the part of dolmX arises as soon as the service has been provided or a cancellation occurs for which a charge is incurred.
- In the event of payment default on the part of the client, dolmX is free to suspend the provision of Services (in particular blocking access to the platform) and to take further measures to prevent further damage and/or to terminate the contract without notice or compensation. In addition, the client pays interest on arrears of 5% from the due date. dolmX is also entitled to request reasonable reminder fees. The client will incur all costs associated with the collection of the claim (e.g. collection costs, legal fees).
- dolmX uses the services of Stripe Inc. (“Stripe”) for payment processing. All payments on the platform are made exclusively via Stripe. Other forms of payment are expressly prohibited. In this regard, the Terms and Conditions of Stripe apply.
8. Intellectual Property Rights
- All intellectual property rights to the platform are held by dolmX or third parties.
- As long as the client has a user account on the platform, they have the non-exclusive and non-transferable right to use the platform during this period in accordance with the contract and as intended. To the extent necessary for the fulfillment of the contract, dolmX shall be granted the right to process and use content and data received from the client to the extent necessary.
- If third parties take legal action against dolmX due to the conduct of the client in violation of the law or the contract, the latter is obliged to fully indemnify and hold dolmX harmless upon first request.
- dolmX undertakes to keep all of the client’s processes and information that it becomes aware of in the course of the preparation, implementation and fulfillment of the working relationship confidential, and not to disclose such information to unauthorized third parties without the client’s authorization, unless the disclosure of information is required for the proper fulfillment of contractual or legal obligations.
- dolmX and its agents, employees and subcontractors are aware that the information brought to their attention by the client may be subject to increased confidentiality. This includes, in particular, data requiring special protection (e.g. health data) and/or data subject to professional (e.g. medical) or official secrecy. dolmX ensures the confidentiality of this information within its sphere of influence by obliging all its agents, employees and subcontractors – beyond the scope of joint cooperation – to keep confidential information secret.
- The client acknowledges and confirms that video calls – without prior and verifiable consent of all parties involved – may not be recorded.
- Video calls are encrypted. All other forms of communication (email, chat, etc.) are not encrypted. The client expressly consents to the partially unencrypted electronic transmission of information via the Internet. The client assumes the associated data protection and data loss risk.
10. Data Protection and Security
- dolmX takes appropriate technical and organizational measures to secure its own IT infrastructure and to comply with legal requirements. Complete protection cannot be guaranteed. The client is explicitly informed of and accepts the associated residual risk.
- The information and data provided by the client for the purpose of service provision is irrevocably deleted within six months of completion of the service provision at the latest.
11. Feedback and Monitoring
The client is asked to rate each successfully completed assignment. The client grants dolmX the irrevocable right to publish the rating submitted by them on the platform for an unlimited period of time. dolmX is not obliged to publish the rating.
12. Duration of Working Relationship
- The client’s user account on the platform is granted for an unlimited period of time.
- The parties may terminate the user account and consequently the working relationship at any time by giving seven days’ notice in writing (by email or letter). Any orders accepted, which can only be fulfilled after termination of the working relationship, are deemed to be canceled without compensation.
- If the client seriously or repeatedly violates these terms and conditions or defaults on payment, dolmX is entitled to cancel all orders exceptionally without notice as well as to deactivate the account and to collect any cancellation fees.
- dolmX reserves the right to discontinue the operation of the platform and all related Services at any time.
- dolmX may or may not accept a client or service request created by a client at its sole discretion. Refusal does not have to be justified by dolmX. There is no right to use the platform or the Services offered by dolmX.
- Any outstanding claims on the part of dolmX against the client become due for payment immediately upon termination of the working relationship.
13. Warranty and Liability
- dolmX and its subcontractors undertake to perform the contract diligently in the interest of the client and in accordance with the principles of proper professional practice. Any further warranty is excluded. In particular, no specific outcome is agreed. dolmX and its subcontractors also do not guarantee that the Services meet the requirements of the client or that they are faultless. They are for information purposes only. The client assumes all risk for use of the Services.
- If the client is dissatisfied with the service provision, they shall contact dolmX. dolmX makes the final decision on any measures to be taken. Refunds are excluded.
- dolmX strives for its platform to be available at all times. However, it cannot provide any guarantee for the uninterrupted and trouble-free functioning of the platform and the provision of Services.
- dolmX reserves the right to modify the platform at any time. dolmX therefore does not guarantee that all functions of the platform, which were available at the time of the conclusion of the contract, remain unchanged.
- dolmX assumes no liability for all claims arising out of or in connection with the provision of Services (including contractual and non-contractual claims) to the fullest extent permitted by law against itself, its agents, employees and subcontractors. It is liable only for damage caused intentionally and by gross negligence, in the case of personal injury and of slight negligence. Any further liability also for indirect damages, loss of profit or data, and consequential damages is – as far as legally permissible – excluded. dolmX is also not liable for service failures or delays due to force majeure or unforeseeable temporary obstacles to performance for which it is not responsible (in particular the failure of communication networks and gateways of other operators or the client). There is also no liability if an interpreter does not attend an agreed video call. If liability cannot be excluded to the extent described due to mandatory statutory provisions, the liability of dolmX is in any case limited to the payment owed for the Services concerned in each case.
14. Final Provisions
- Any offsetting with counterclaims on the part of the client not recognized by dolmX or not legally established is excluded.
- The client may not transfer any rights and obligations arising from the legal relationships existing between the client and dolmX to third parties (including affiliated companies of the client) without the prior, express and written consent of dolmX.
- If any provision of these GTCs or individual contract is or becomes invalid in whole or in part, the remaining provisions nevertheless remain valid. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of that provision.
- Notices shall be made in writing to the other party. Unless more stringent provisions apply by contract or by law, an email is sufficient. Such notices are sent by dolmX to the email address stored by the client in their user account. Notices from the client to dolmX shall be sent to the email address shown in their user account.
- Any amendments or additions to these GTCs shall be made in writing. This also applies to the above requirement regarding the written form. Should one of the provisions be or become invalid, this does not affect the validity of the remaining provisions.
15. Jurisdiction and Applicable Law
- The contractual relationship between dolmX and the client is governed exclusively by Swiss law, to the exclusion of conflict of laws rules and the Vienna Sales Convention.
- The place of jurisdiction is the registered office of dolmX. dolmX is also entitled to take legal action against the client at their registered office.
dolmX AG, November 2021