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General Terms and Conditions (GTC)

 

§ 1 Scope of application

 

(1) The internet presence ghostwriting.com provides a service portal for text services on which users can make use of the services offered there. The use of the services can take place with registration or without registration.

 

(2) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between ghostwriting.com (hereinafter referred to as "Contractor" or "Portal Operator") and its clients (hereinafter referred to as "Client" or "User") in the version valid at the time of registration or use of services.

 

(3) Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall not become part of the contract unless their validity is expressly agreed.

 

 

§ 2 Definitions

 

(1) A consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to a commercial or self-employed activity.

 

(2) Companies in the sense of these GTC are natural or legal persons as well as partnerships with legal capacity that act in the exercise of their commercial or independent professional activity when concluding the legal transaction.

 

(3) Users in the sense of these GTC are both consumers and entrepreneurs.

 

 

§ 3 Subject matter of the contract

 

(1) The Contractor shall provide text services and other academic services on the basis of the information and requirements provided by the Client.

 

(2) An order shall be deemed to have been agreed insofar as the Client accepts the Contractor's offer within the period specified in the offer.

 

(3) The offered services are provided by internal and external staff, the selection of which is made by the Contractor.

 

(4) The Contractor reserves the right to refuse orders if they cannot be provided in the professional context or they may violate ethical standards.

 

(5) The texts prepared by the Contractor comprise an average of 1800 characters per standard page. If a standard page also contains tables and graphics, the number of characters per standard page is reduced accordingly. The sources used are cited within the text as footnotes or in Harvard style.

 

(6) In addition to conventional text compilation, the Client may commission the Contractor with further services such as the conception of empirical studies, translations, publishing or other consulting services. Such services are separate services, which are performed independently of the text creation and generally require a separate commissioning and remuneration.

 

(7) If the Client modifies the subject matter of the order during the course of the project, the Contractor may submit a new project calculation to the Client or refuse to continue working on the project. Fees already paid by the Client shall be credited against services already rendered by the Contractor in the event of premature termination of the project. If a modification of the subject matter of the order fails, the project shall be continued with the originally agreed subject matter of the order.

 

 

§ 4 Registration

 

(1) Access to the use of services on the ghostwriting.com portal is possible both as a registered user and as a non-registered user. Minors are not entitled to register as users.

 

(2) The registration itself is free of charge and can be done through the registration form on ghostwriting.com.

 

(3) By confirming the button "Get started" the User makes a binding offer to conclude a contract of use.

 

(4) The User will then receive an e-mail with an activation link. The contract for the use of the user account comes into effect with the activation of the user account by ghostwriting.com.

 

(5) By registering on ghostwriting.com, the User agrees to the applicable General Terms and Conditions of the portal.

 

(6) A claim for admission to the offers on the portal does not exist. In particular, ghostwriting.com reserves the right to verify the information provided by the User during registration. If there are any inaccuracies, ghostwriting.com may block the User's access to the portal.

 

(7) The registration of the User is unlimited. However, he/she may cancel his/her registration at any time and without observing a notice period in the user profile directly or by e-mail to hello(at)ghostwriting.com. The ghostwriting.com portal may terminate the registration at any time, subject to a notice period of two weeks, by sending an appropriate e-mail to the e-mail address provided by the User. The right to extraordinary termination without notice on the part of ghostwriting.com for good cause remains unaffected. Such a reason exists in particular in case of misuse of the account or false statements by the User.

 

(8) The ghostwriting.com portal reserves the right to revoke a User's access authorization or to refuse registration or to block the User's access in whole or in part if the User is using the portal unlawfully. The User will be informed immediately by ghostwriting.com via e-mail about a withdrawal of the access authorization or rejection of the registration as well as blocking of the access.

 

 

§ 5 Rights and duties of the User

 

(1) The User is obliged to update the personal data in his/her user profile immediately if they have changed.

 

(2) When registering, the User has to set a password for his/her user account. He/She has to make sure that his/her user account is only used by himself/herself and that his/her access data (e-mail and password) are not accessible to any third party. For his own protection and security on the Internet, the User shall change his/her password at regular intervals.

 

(3) Users must verify their identity as part of the registration process. This is done by the double opt-in procedure, in which the respective User registers and then accepts his/her registration by clicking the activation link in the confirmation email sent by ghostwriting.com.

 

(4) The User is obliged to inform ghostwriting.com immediately about any misuse of his/her user account as well as about any other violation of security regulations. He/She is liable to ghostwriting.com for any misuse of his/her user account caused or allowed by him/her.

 

 

§ 6 Service provision

 

(1) The Contractor undertakes to provide the agreed services professionally and according to recognized scientific standards. Only agents with a relevant university degree will be used for project processing. For the processing of complex projects, a team can also be assembled.

 

(2) The Contractor undertakes to provide the Client with regular updates on the progress of the project within agreed forms and deadlines.

 

(3) For communication as well as the exchange of documents between the Client and the Contractor, the Contractor offers a protected communication platform in the ghostwriting.com dashboard, which, however, requires the Client to register as a user. Alternatively, communication can be carried out via regular e-mail correspondence or telephone. The Client is free to choose the communication channel.

 

(4) Requests for corrections and changes may be communicated by the Client to the Contractor within ten days after submission of a partial delivery. They shall be made free of charge insofar as the following facts apply:

 

  • General written agreements were not implemented during processing.
  • Specifically agreed literature sources were not taken into account.
  • An agreed outline structure was not adhered to.
  • Excessive orthographic, grammatical and stylistic errors are present.
  • An increased amount of plagiarism >10% - which is exclusively limited to the text and not to the mentioned literature sources - is present and can be proven via a certified plagiarism software.

 

If these facts do not apply, but the Client nevertheless wishes to make correction and change requests, the Contractor can make the correction and change requests on the basis of a new project calculation or reject them in full. Subjective change requests, which are aimed at personal expression, style issues, minor orthographic and grammatical errors as well as formatting requirements, cannot be considered.

 

(5) Projects are carefully processed to the best of our knowledge and in compliance with all academic and scientific standards within the framework of a service agreement, which excludes any guarantee of success.

 

(6) If an obligation of the Client to provide certain documents or materials has been agreed upon within the framework of a service agreement and the Client does not fulfill this obligation or fulfills it only partially, which delays the processing of the project or makes it impossible, the Contractor reserves the right to withhold payments already made.

 

 

§ 7 Use of the services

 

(1) All services provided by the Customer may be used by the Contractor without restriction - but only in a legally permissible manner.

 

(2) It is not permissible to declare the project elaborations prepared by the Contractor as independently prepared services relevant to the audit. In particular, it is not permissible to provide such texts with an affidavit to a college, university or other educational institution. In this respect, the Client is liable for any false statements made by him/herself.

 

 

§ 8 Remuneration and terms of payment

 

(1) The remuneration for the services of the Contractor is individual and based on the type, scope, degree of difficulty as well as the available time frame of the required services. Unless otherwise agreed, the remuneration is in Euro. The remuneration shown in the fee calculator on the ghostwriting.com portal are approximate values and are always non-binding.

 

(2) Payments can be made in milestones. All payments must be made immediately upon request for payment. Project work can only be started or continued insofar as payments are made in due form and time without deductions.

 

(3) The Client may terminate an order prematurely at any time after completion of a milestone without having to give good reasons for doing so.

 

(4) Any additional costs incurred, such as travel expenses, postage, costs for copies, inter-library loan fees, purchase of literature, printing and binding as well as preparation of data carriers, will be invoiced separately after they have been communicated in advance by the Contractor and confirmed by the Client.

 

 

§ 9 Copyright and rights of use

 

(1) The copyrights arising from the texts shall in principle remain with the author of the text.

 

(2) After full payment of the agreed remuneration for the entire project, the Contractor shall transfer to the Client a simple right of use to the texts created (personal right of use). Any use by third parties is excluded.

 

(3) The Client undertakes not to publish the texts created by the Contractor under his/her own name unless this has been expressly agreed.

 

 

§ 10 Confidentiality

 

(1) The Contractor and the Client undertake to treat all information coming to their knowledge in the course of the processing of the order as strictly confidential.

 

(2) The person responsible for processing the project will be informed exclusively about all details of the project order, but will not receive any data about the Client.

 

 

§ 11 Liability

 

(1) Insofar as the Client provides the Contractor with various documents for the processing of its project order, the Contractor undertakes to handle them with care and hand them over as soon as the order has been completed.

 

(2) The Contractor shall not be liable for loss of or damage to data and materials provided by the Client. Before sending data and materials to the Contractor, the Client undertakes to make appropriate backup copies of data and materials.

 

(3) Insofar as the Client is late in providing his/her cooperation services or does not provide them at all or does not communicate clear, correct or complete information about his/her project, the Contractor shall not be liable for any delays incurred by the Client in this regard.

 

(4) Any liability of the Contractor for the legal admissibility of the contents of the commissioned and rendered service is excluded. In this context, the Client shall indemnify the Contractor against all claims arising therefrom.

 

(5) The Portal Operator assumes no liability for the uninterrupted availability of the system as well as for system-related failures, interruptions and malfunctions of the technical equipment and the services on ghostwriting.com for which the Portal Operator is not responsible. This also includes all communication and network structures necessary for the own service provision as well as gateways of other providers and operators. The Portal Operator is entitled to postpone the service incumbent upon it for the duration of the impeding event plus a reasonable start-up period. Furthermore, the Portal Operator shall not be liable for force majeure such as wars, riots, official orders, strikes, telecommunication disruptions or similar.

 

 

§ 12 Final Provisions

 

(1) The law of the country in which the Contractor has its registered office shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the Consumer has his/her habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

 

(2) Insofar as the Customer characterizes itself as a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from concluded contracts shall be the court competent at the Contractor's place of business, unless an exclusive place of jurisdiction is given. However, the Contractor shall also be entitled to sue the merchant at the court of his/her place of residence or business. The jurisdiction based on an exclusive place of jurisdiction shall remain unaffected.

 

(3) With regard to the so-called online dispute resolution, a corresponding online platform is provided by the European Union. This platform can be accessed via the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

(4) Insofar as individual provisions of these General Terms and Conditions should be invalid or unenforceable in whole or in part, the validity of the remaining provisions of these General Terms and Conditions shall not be affected. The Client and the Contractor are required and obliged to cooperate in order to replace invalid and unenforceable provisions with valid and enforceable provisions which come closer to the content of these General Terms and Conditions.

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