[translated from German]

1. Scope

  1. These Terms and Conditions shall apply to contracts and agreements between the service provider and her client, unless otherwise expressly agreed or indispensably prescribed by law.
  2. General Terms and Conditions of the client shall only be binding for the service provider if she has expressly acknowledged them.

2. Translation

2.1 Scope of a translation job

The translation shall be carried out carefully in accordance with the Code of Professional Conduct. The client receives the agreed copy of the translation.

2.2 Additional services

All translation work associated with additional services, in particular so-called reproducible texts etc. that are suitable for printing, regardless of the method used, shall only be performed as such if the service provider is given a written order from which it is clear that the quality required for this is a prerequisite. The service provider shall not be liable for the aforementioned translation work (in particular translation ready for printing and for multiple use) if the client does not mark the translation as such in writing in the aforementioned sense or if the client fails to submit a final version of the text to the service provider for proofreading prior to printing.

2.3 Obligation of the client to cooperate and provide information

  1. The client shall inform the service provider in good time of the desired modalities of execution (intended use of the translation, delivery on data carriers, number of copies, readiness for printing, external form of the translation, etc.). If the translation is intended for printing, the client shall submit a proof to the service provider in good time before printing so that she can correct any mistakes. Names and numbers are to be checked by the client.
  2. Information and documents necessary for the translation shall be provided to the provider by the client upon placing the order (terminology of the client, illustrations, drawings, charts, acronyms, internal terms, guidelines, etc.).
  3. Errors and delays resulting from the lack of or delayed delivery of information material and instructions shall not be the responsibility of the service provider.
  4. The client shall assume liability for the rights to a text and shall ensure that a translation may be made. The client shall indemnify the service provider from any corresponding claims of third parties.

2.4 Liability

  1. The service provider shall only be liable in the case of intent or gross negligence. Damage caused by computer breakdowns and transmission faults when sending emails or by viruses is not to be classified as gross negligence. The service provider shall take appropriate protective measures by means of anti-virus software but shall not be responsible for any security gaps contained therein. Liability for slight negligence shall apply exclusively in the event of a breach of main duties.
  2. The client’s claim against the service provider for compensation of damages caused according to item 2.4 no. 1 shall be limited to EUR 5,000.
  3. The exclusion or limitation of liability according to item 2.4 no. 1 and 2 shall not apply to damages of a consumer resulting from injury to life, limb or health.
  4. Claims of the client against the service provider due to deficiencies of the translation (§ 634a of BGB [German Civil Code]) are subject to a limitation period of one year after acceptance of the translation, provided that there was no fraudulent intent.
  5. Contrary to § 634a of BGB [German Civil Code], liability for consequential damages is restricted to the legal limitation period. § 202 (1) of BGB [German Civil Code] remains unaffected by this.

2.5 Professional confidentiality

The service provider promises to maintain confidentiality of all facts that become known to her in connection with a service provided to the client.

2.6 Involvement of third parties

  1. The service provider is entitled to consult colleagues or expert third parties for the completion of the order.
  2. When consulting expert third parties, the service provider has to ensure that they commit to discretion according to item 2.5.

2.7 Retention of title and copyright

  1. The translation remains the property of the service provider until full payment has been received. Until then, the client has no right of use.
  2. The copyright for the translation remains with the service provider, unless otherwise agreed.

3. Quotations

Quotations are usually provided informally, e.g. by email, and are valid for a specific order. Quotations are individual and cannot be transferred to future orders. Quotations are valid for 14 days, provided that the requirements and scope of the order remain unchanged.

4. Remuneration

  1. In addition to the agreed remuneration, the service provider shall be entitled to reimbursement of the expenses actually incurred and agreed with the client. In the case of extensive orders, she may demand a reasonable advance payment and agree with the client in writing in advance that the handover of her work is dependent on the prior payment of the full amount.
  2. The service provider’s invoices are due and payable by bank transfer without deduction within 14 days of the invoice date.
  3. According to § 19 UStG [German Value Added Tax Act], no VAT is charged.
  4. If the amount of the remuneration has not been agreed on, an appropriate and usual remuneration shall be owed depending on the type and difficulty of the work. In the case of translations, for example, this remuneration shall not be lower than the applicable rates of the JVEG [German Law on Payment and Compensation by Judiciary Authorities].
  5. Payment must be made in EUR unless otherwise agreed.

5. Liability

  1. In the event of intent, gross negligence or the absence of a guaranteed characteristic, the service provider shall be liable without limitation.
  2. In the event of slight or moderate negligence, the service provider shall only be liable in the event of injury to life, limb and health.
  3. In the case of material breaches of duty (breach of a duty that must be complied with in order to properly fulfil the contract), liability shall be limited to the foreseeable damage typical for the contract.
  4. The service provider does not owe the client any qualitative or financial success as a result of the use of the created or processed texts or the use of her services and is neither liable for financial losses nor for indirect or consequential losses such as missed financial benefits or savings, production downtimes, etc.
  5. If competent third parties are involved, the aforementioned provisions shall be transferred to them. The service provider is permitted to involve third parties and this does not give rise to a contractual relationship between the third party and the client.
  6. If any of the aforementioned provisions on liability is invalid, the liability of the service provider shall be governed by the statutory provisions.

6. Release from liability

  1. The client shall indemnify the service provider from any third-party claims that may have arisen as a result of the service.
  2. The service provider cannot be held responsible if the provision of incorrect files by the client results in their translation, proofreading, editing, transcription or other processing. The costs incurred as a result shall be borne by the client.

7. Obligations of the client

  1. The client is obliged to communicate the General Terms and Conditions to legal entities and natural persons who are not a party to the contract but who nevertheless make use of the services of the provider.
  2. The client undertakes to fulfil the necessary duty to cooperate and to give the service provider access to requested information and documents which are necessary for the fulfilment of the service. In the event that the client breaches the duty to cooperate, the service provider shall be released from her service obligation.

8. Rights of the client in case of deficiencies

  1. All complaints by the client related to a project should be received within 30 days of submission. A complaint does not release the client from the obligation to pay the invoiced amount.
  2. The service provider reserves the right to remedy deficiencies. The client is initially only entitled to the elimination of possible deficiencies.
  3. The entitlement to elimination of deficiencies must be asserted by the client, specifying the deficiency in detail.
  4. Deficiencies, in particular translation deficiencies, which are based on poorly legible, incorrect or incomplete text submissions, on the client’s own terminology (insofar as this has been provided) or a lack of text coherence, do not fall within the service provider’s area of responsibility. Style issues are likewise excluded from any liability.
  5. If the service provider does not remedy the claimed deficiencies within a reasonable period of time or if she refuses to remedy the deficiencies or if the remedy of the deficiencies is deemed to have failed, the client may, after hearing the service provider, have the deficiencies remedied by an alternative party at the service provider’s expense or, alternatively, demand a reduction of the remuneration or withdraw from the contract. The elimination of deficiencies shall be deemed to have failed if, even after several attempts to remedy these, the service provider’s work continues to show deficiencies.

9. Right of withdrawal

If you withdraw your order after confirming it, you will be obliged to pay for all work carried out up to that time. Please note that by placing an order with the service provider, you agree to be bound by this provision and the General Terms and Conditions.

10. Limitations

Legal entities or natural persons who are in competition with the service provider or who have been instructed by such are prohibited from using the services offered by the service provider unless the service provider has been informed of this fact and has expressly agreed to the assignment.

11. Force majeure

The service provider shall be released from her service obligation in cases of force majeure. Force majeure includes all unforeseen events as well as events the effects of which on the performance of the contract are not the responsibility of either party.

12. Applicable law

  1. German law shall apply to the order and all claims arising therefrom.
  2. The place of residence or the business premises of the service provider shall be the place of fulfilment.
  3. The place of fulfilment shall be the place of jurisdiction.
  4. The contractual language is German.

13. Severability clause

The validity of these General Terms and Conditions shall not be affected by the invalidity or ineffectiveness of any individual provision. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic effect or the intended purpose of the invalid provision.

14. Changes and additions

Amendments and supplements to these General Terms and Conditions are only valid if they have been agreed in writing. This also applies to changes to the written form requirement itself.

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